The statutory authority of third-class cities to regulate the collection, removal and disposal of domestic or household waste and to impose and collect, by lien or otherwise, reasonable fees and charges therefor and to prescribe fines and penalties for the violation of ordinances regulating such matters is governed by state law, 11 Pa.C.S.A. § 12409. The Third Class City Code allows for the transfer of the collection, removal and disposal of garbage and imposition and collection, by lien or otherwise, of reasonable fees therefor.
[Adopted 12-16-2025 by Ord. No. 2025-12[1]]
As used in this article, the following terms shall have the meanings indicated:
Means large items of solid waste, including furniture and other non-electronic items.
Means the City of Hazleton, County of Luzerne and Commonwealth of Pennsylvania.
Means construction and demolition waste that is not included in Domestic or Household Waste. Materials included in construction and demolition are steel, wood products, drywall and plaster, brick and clay tile, asphalt shingles, concrete, and asphalt concrete used in buildings, roads and bridges, and other construction sectors.
Means solid waste, comprised of garbage, refuse and rubbish, which normally originates in the residential private household or apartment house. The term excludes electronics, recyclables, construction and demolition debris, and hazardous waste.
Means a building or structure used for residential purposes, including modular and manufactured homes. Dwelling includes the following types of dwelling units:
SINGLE-FAMILYA residential building containing one dwelling unit to accommodate one family.
TWO-FAMILYA residential building containing two dwelling units each accommodating one family, and entirely separated from each other by vertical walls or horizontal floors.
MULTIFAMILYA residential building containing three or more dwelling units each accommodating one family. The term includes apartments, condominiums, townhouses, and row houses.
A building or portion thereof arranged or designed to create an independent housekeeping establishment for occupancy by one family with separate bathroom, toilet and sanitary facilities and facilities for cooking and sleeping for exclusive use by the family residing therein. The term includes manufactured and modular homes.
Means all types of common electronics that are largely of metal, including cell phones, computers, tablets, printers, scanners, televisions, cameras, audio and video equipment, power tools, lamps and appliances such as microwaves, toasters and ovens are all generally recyclable.
Means any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases, or vectors.
Means any solid waste or combination of solid wastes, as defined in Act 97 or 101,[1] which because of its quantity, concentration or physical, chemical, or infectious characteristics may: (1) cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
Means metals, glass, paper, plastics and other materials which would otherwise be disposed of as waste, but are collected, separated, recovered and sold or reused for recyclables. The term includes the following:
ALUMINUM CANSBeverage, food containers.
CARDBOARDBrown colored boxes that have a "waffle" layer.
FERROUS METALSMetals that would stick to a magnet. Example: light iron, appliances, steel.
GLASSBottles and jars only, green, brown and clear colored.
NON-FERROUS METALSMetals that do not have an attraction to magnets. Examples: Aluminum, brass, copper, lead, nickel.
OFFICE PAPERWhite or light-colored paper, envelopes, fax paper, post-it notes.
PAPERNewspaper.
PLASTICSMilk jugs, soda and water bottles, laundry detergent bottles; look for the #1 or #2 on the container.
STEEL /BI-METALLIC CANS (tin)Beverage and food containers, coffee, fruit juices, etc.
YARD WASTEGrass clippings, garden residue, branches, leaves, and wood waste.
GRASSClippings from cutting of a lawn.
Means the collection, separation, recovery and selling or reusing of recyclables. The term includes one or more of the following processes:
COMINGLEDA mix of aluminum and steel bi/metallic (tin), glass and plastic bottles and jars.
DUAL STREAM (CO-MINGLED)Fiber products such as paper and cardboard and placed in a separate container.
SINGLE STREAMRecycling refers to a system in which all paper fibers, glass, plastics and metal recyclables, are placed into one container for recycling collection.
Means solid waste materials which are discarded as useless.
Means all non-putrescible waste except garbage and other decomposable matter including cardboard, cans, crockery, glass, paper, wood and yard cleanings that are not recyclables.
Means the unauthorized and uncontrolled removal of material stored or placed at a point for subsequent collection.
Means the containment of waste on a temporary basis in such a manner as not to constitute disposal of such waste.
Means the off-site removal of any waste at any time after generation by a third-party waste hauler contracted by the City for the collection and transportation of waste.
Means an open space on the same lot with residential dwelling.
Means grass clippings, leaves, bushes, shrubs, and tree branches less than three inches in diameter that come from residential sources as part of maintaining yards.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. or 53 P.S. § 4000.101 et seq., respectively.
It shall be unlawful for any person to:
A.
Accumulate or permit to accumulate upon any public or private property within the City, any domestic or household waste, bulky waste, or recyclables except in accordance with the provision of this article.
B.
Burn any domestic or household waste, bulky waste, or recyclables within the City.
C.
Dispose of any domestic or household waste, bulky waste, or recyclables in the City except in accordance with the provisions of this article.
D.
Haul, transport, collect or remove any domestic or household waste, bulky waste, or recyclables from public or private property within the City unless the ultimate disposal of this material complies with the requirements of the Luzerne County Solid Waste Management Plan, adopted by Luzerne County.
E.
Scavenge any materials from any domestic or household waste, bulky waste, or recyclables that is stored or deposited for collection within the City without prior approval by the City.
F.
Throw, place or deposit, or cause or permit to be thrown, placed or deposited any domestic or household waste, bulky waste, or recyclables in or upon any street, alley, sidewalk, body of water, public or private property within the City except as provided in the article.
G.
Place hazardous waste, construction and demolition debris, or a lead acid battery in mixed domestic or household waste, bulky waste, or recyclables, 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 of Pennsylvania.
A.
The storage of all domestic or household waste, bulky waste, or recyclables shall be practiced to prevent the attraction, harborage or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B.
Any person producing domestic or household waste, bulky waste, or recyclables shall provide a number of secure containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein.
C.
Any person storing domestic or household waste, bulky waste, or recyclables for collection shall comply with the following preparation standards:
(1)
All domestic or household waste, bulky waste, or recyclables shall be drained of free liquids before being placed in storage containers.
(2)
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
(3)
Yard waste shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than three feet in length, not more than one foot in diameter and not more than 40 pounds in weight.
(4)
Recyclables shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
(5)
When specified by the City or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery (recycling) of certain waste materials.
D.
All domestic or household waste, bulky waste, or recyclables shall be stored in containers that comply with the following standards:
(1)
Reusable containers shall be constructed of durable, watertight, rust and corrosion resistant material, such as plastic, metal or fiberglass, in such a manner as to be leak-proof, weather-proof, insect-proof, and rodent-proof.
(2)
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
(3)
Reusable containers for individual residences shall have a capacity of not less than 10 gallons and not more than 64 gallons, and a loaded weight of not more than 40 pounds.
(4)
Disposable plastic bags or sacks are acceptable containers, provided the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of not more than 33 gallons and a loaded weight of not more than 35 pounds.
E.
All containers, either reusable or disposable, shall also comply with the minimum standards:
(1)
Containers shall be kept tightly sealed or covered. Solid waste shall not protrude or extend above the top of the container.
(2)
Reusable containers shall be kept in a sanitary condition. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.
(3)
Containers shall be used and maintained to prevent public nuisances.
(4)
Containers that do not conform to the standards of this article or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner.
(5)
Containers shall be placed by the owner or customer at a collection point specified by the City or its designated representative.
(6)
With the exception of pick-up days when the containers are placed out for collection, the containers shall be properly stored on the owner's or customer's premises in accordance with the edition of the International Property Maintenance Code adopted by the City.
(7)
Bulk waste items shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
F.
Domestic or household waste, bulky waste, or recyclables shall not be placed on the City streets and sidewalks for collection before 4:00 p.m. the day preceding the scheduled collection day.
G.
When streets become impassable because of the accumulation of snow or when the snow emergency parking restrictions are in effect, residents of the City shall place waste containers at the nearest collection point which is accessible to the waste collection trucks.
A.
The City shall provide for the collection or shall designate the contractor or contractors for the collection of all domestic or household waste, bulky waste, or recyclables from individual residences and multi-family residential sources within the City.
B.
All household and homeowners shall utilize the residential collection service designated by the City.
C.
The City reserves the right to require more frequent collection when deemed necessary.
D.
Residential collection schedules shall be published regularly by the City or its contracted hauler.
E.
All waste collection activity shall be conducted from Monday through Saturday between the hours of 3:00 a.m. and 3:00 p.m., unless prior approval of any exception has been granted by the City.
A.
Every unit within a dwelling unit shall be considered an individual unit and the owner of each unit shall pay a fee for the collection and disposal of garbage.
B.
The garbage collection and disposal fee shall be paid monthly in 12 equal monthly installments to be paid by the owner. The garbage rates will be set by Hazleton City Council by resolution.
C.
Fees for the collection and disposal of garbage shall be billed by Hazleton City. Payments for the collection and disposal of garbage shall be paid to Hazleton City before the due date of payment. If the payment is not received on or before the due date, then a penalty of 10% shall be added to the bill. Any unpaid bill shall be charged interest at 1.5% per month per dwelling unit. Hazleton City may at its sole discretion determine that an amnesty or similar program is necessary and implement such a program as it deems appropriate to collect past due fees or charges.
D.
The garbage collection and disposal fee shall be paid by the owner of each dwelling unit who shall pay the garbage collection and garbage disposal fees regardless of whether the occupants use the City garbage collection and garbage disposal services. Any exemptions or deferrals must be approved by Hazleton City Council, in writing, for a prescribed time, whichever the case may be, provided that the applicant for exemption or deferral is eligible for an exemption or deferral under the following guidelines:
(1)
All properties listed on the City's books for collection of fees for water or sewage transmission shall be required to pay the garbage fee.
(2)
The request for exoneration, abatement, exemption or forgiveness of the garbage fee must be submitted by the property owner, in writing, to Hazleton City, and no verbal request will be considered valid.
(3)
Properties which are dilapidated to the extent that they are uninhabitable or condemned by the City may be considered for exoneration.
(4)
Properties exposed to fire and water damage causing unsuitable living conditions may be considered for exoneration.
(5)
Any property requiring extensive renovations, repairs or alterations to comply with applicable local state and federal fire, electrical or other codes and which is unoccupied may be considered for garbage fee exoneration.
(6)
No property shall be considered for exoneration of garbage fees if it is readily available for occupancy or, in the alternative, is or will be available for occupancy, either for rent or personal use.
(7)
A property owner who is physically unable to pay for the service due to prolonged periods of illness, extended hospitalization or confinement in a nursing home, may qualify for exemption if proper proof and documentation of such incapacity is submitted to the City.
(8)
The City may, at their discretion, require proof of documentation of sufficient reliability from the applicant to make a proper evaluation of the request. In addition to the requirement of proof, the City is also authorized to direct and instruct appropriate City officials to visit and inspect the property prior to granting exoneration.
(9)
Any property owner receiving such exemption, abatement, or exoneration from the City shall notify the City, in writing, within 10 days of the property's reoccupation or that the necessary repairs, renovations or alterations to comply with applicable codes have been completed. This subsection shall apply to property which was previously vacated or exonerated under the terms of this article or any prior ordinances. Failure to comply with the subsection shall subject the property owner to the penalties of this article.
(10)
The City should respond to all requests within 60 days from the date of receipt of the request in writing. Such time limitation will not be applied if the applicant fails to submit the required information or documentation as requested by the City.
E.
The City will not consider rebates for vacant properties under any circumstances.
F.
Any deviation, either in providing the service for the collection and disposal of garbage or for the payment of fees as required by this article, will be subject to a separate agreement signed by the applicant and the City. Such an agreement will be effective only for the period of the written contract and in no case shall it extend beyond the expiration date of the contract then in effect with the provider of the collection and disposal services for the City. Furthermore, it will be within the City's discretion to review, amend and renew any such agreement with the applicant, at any time, and it may be altered or amended if changes are required in providing such service.
G.
The City shall limit its timeframe for collection of back due amounts to three years from the date of the first delinquency that remains continuous. At three years of continuous, uninterrupted delinquency, a municipal claim lien shall be filed for the amounts due and owing. After a Municipal claim lien has been filed, the City shall consider an exemption or deferral of fees for said property on its own, with said exemption or deferral to expire once the property is transferred or rehabilitated in a manner that allows for reestablished water service and habitation.
H.
The collection of disposal fees hereunder may be designated by the City to a third party.
A.
This article shall only apply to buildings that contain no more than four residential dwelling units. All other residential buildings of more than four residential dwelling units and all commercial, industrial, and other non-residential buildings, including the non-residential dwelling units within a mixed-use building shall provide for their own collection and transportation of garbage, refuse, rubbish and recyclables.
B.
A mixed-use building may apply for an exception to this article as to the entirety of the building with proof of collection and transportation of garbage being provided for all residential and non-residential units within a mixed-use building.
Any person who violates any provision of this article shall, upon conviction, be guilty of a summary which is punishable by a fine of not less than $25, nor more than $1,000, or in default of payment of such fine, then by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered a separate and distinct offense.