[4-6-2023 by Ord. No. 8439]
The City hereby establishes a program for municipal solid waste
management and the mandatory separation of recyclables and leaf waste
from municipal waste which will be collected for disposal from residential
dwellings, and commercial, industrial, and institutional establishments.
[4-6-2023 by Ord. No. 8439]
The City hereby establishes an education program for municipal
solid waste management, recycling and composting in accordance with
the provisions of Pennsylvania Act 101 and this article. Educational
materials and presentations shall be designed to increase the participation
of both residents and business; to meet the recycling rates and goals
established by the commonwealth; and to encourage waste minimization
and pollution prevention within the City.
[4-6-2023 by Ord. No. 8439]
When used in this article the following terms shall have the
following meaning;
BACKYARD COLLECTION SERVICE
A location at which the contractor must walk or drive beyond
the curbside to retrieve municipal solid waste and recycling for collection.
Backyard collection service is limited to a distance of 150 feet from
the curb, except for those residential accounts which meet the criteria
of the Americans With Disabilities Act.
BAGS
Plastic sacks designed for solid waste with sufficient wall
strength to maintain physical integrity when lifted by top; securely
tied at the top for collection, with a capacity not to exceed 32 gallons
and a loaded weight not to exceed 40 pounds.
BASE COLLECTION RATE
The monthly cost per unit for municipal\solid waste collection
service, which includes the collection of recyclables, leaf waste
and Christmas trees at no additional cost.
BULKY ITEMS
A large applicance, piece of furniture or waste material
from a residential source other than construction debris, hazardous
waste, or covered devices included in the Covered Device Recycling
Act now or as may be amended.
CART
A ninety-five-gallon wheeled cart used to store municipal
solid waste or recyclables for collection.
CITY
The City of New Castle, a body corporate and politic, existing
and operating under the laws of the Commonwealth of Pennsylvania.
CITY ADMINISTRATOR
The City's designated representative that will administer
the agreement between the contractor and the City. Wherever the word
"City Administrator" is used, it will be considered as referring to
the City.
CITY BAG
A thirty-two-gallon (or larger), heavy-duty, plastic bag
sold by or with the permission of the contractor and bearing, at a
minimum, the contractor's logo. Said bag shall be specific to
the City and shall only be used for collection in the City.
COMMERCIAL
Any establishment engaged in a nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, and theaters. Multifamily dwellings
and townhomes of greater than four units, not individually owned,
mobile home parks, hotels, motels, mixed-use properties (combined
business/residential on a single parcel) and farms which use commercial
dumpsters shall be considered commercial establishments. The term
does not include properties where the primary permitted use is residential
and an accessory use is commercial (i.e., home occupations).
COMMERCIAL HAULER(S)
Any person authorized by the Commonwealth of Pennsylvania
as a regular hauling business that collects and/or transports municipal
waste, recyclables, and leaf waste which is generated within the City,
to municipal waste landfills, recycling facility and/or leaf waste
composting facility.
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by the City, or conducted
within the City and sponsored privately, which include, but are not
limited to, fairs, bazaars, socials, picnics and organized sporting
events that will be attended by 200 or more individuals per day.
COMPOST(ABLE) BAG
A paper bag specifically designed to hold leaf waste, the
material to be biodegradable and compatible with composting facilities.
A compost bag shall hold no more than 50 gallons when full and weigh
no more than 40 pounds when filled.
COMPOSTING
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
CONSTRUCTION DEBRIS
Waste building materials resulting from construction, remodeling,
repair, or demolition operations.
CONTAINER
A metal or plastic receptacle used for municipal solid waste
and/or recyclables collection.
CONTAMINATED
A container in which its contents include a combination of
1) materials not specified by the City to be separated for recycling,
2) bagged recyclables, 3) materials rendered nonrecyclable by direct
contact with moisture, residue and debris from gross contamination,
4) gross contamination.
CONTRACTOR
The individual or entity with whom the City contracts for
the residential collection of municipal solid waste, leaf waste, recyclables,
large items, white goods, bulky items and Christmas trees as permitted
and required pursuant to this article.
CORRUGATED PAPER
A structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
COVERED DEVICE
A covered computer device and covered television device marketed
and intended for use by a consumer. Covered devices are not acceptable
for curbside collection and disposal. Covered devices include:
(a)
COVERED COMPUTER DEVICEA desktop or notebook computer or computer monitor or peripheral, marketed and intended for use by a consumer.
(b)
COVERED TELEVISION DEVICEAn electronic device that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable or satellite, including, without limitation, any direct view or projection television with a viewable screen of four inches or larger whose display technology is based on cathode ray tube, plasma, liquid crystal, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode or similar technology marketed and intended for use by a consumer primarily for personal purposes.
(c)
PERIPHERALA keyboard, printer or any other device sold exclusively for external use with a computer that provides input into or output from the computer.
COVERED DEVICE RECYCLING ACT (House Bill 708), Act 108 of 2010
An Act establishing a recycling program for certain covered
devices; imposing duties on manufacturers and retailers of certain
covered devices; providing for the powers and duties of the Department
of Environmental Protection and for enforcement; establishing the
Electronic Materials Recycling Account in the general fund; and prescribing
penalties.
CURBSIDE
From any structure, the nearest point at the side of a City
or state maintained roadway, or from a multifamily dwelling with a
private roadway, the nearest point at the side of the private roadway,
provided the property owner(s) has/have issued a waiver for collection
vehicles to travel along the roadway for collection.
CURBSIDE RECYCLING
Recycling services generally provided to single family structures,
multifamily dwellings of four or less attached units, and small commercial
establishments. Recyclables are placed by customers at curbside locations
for collection.
CUSTOMER
A resident or property owner in the City for which contractor
provides the services required of it pursuant to this article and
an agreement between the City and contractor.
DISPOSAL
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the 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 this commonwealth.
DISPOSAL SITE
A refuse depository for the processing or final disposal
of municipal solid waste including but not limited to sanitary landfills,
transfer stations, incinerators, and waste processing separation centers,
licensed, permitted or approved by all governmental bodies and agencies
having jurisdiction.
EXCLUSIVE CONTRACT
An agreement entered by the City of New Castle, or its designated
agent, with a person for the collection and disposal of all residential
municipal solid waste recyclables, leaf waste, Christmas trees, bulky
items, large items, and white items, within City of New Castle.
EXCLUSIVE HAULER
A commercial hauler which with the City contracts exclusively
with for the collection and disposal of all residential municipal
solid waste, recyclables, leaf waste, Christmas trees, bulky items,
large items, and white items, within City of New Castle.
FOOD WASTE
Vegetable and other food scraps, including meat, dairy products,
grease and bones; paper which has been contaminated with food, fat
or grease; and compostable paper including paper towels, paper plates,
tissue and waxed paper.
GARBAGE
All discarded putrescible municipal solid waste matter but
not including sewage or sewage sludge, or human excrement. For the
purposes of this article, the term does not include source-separated
recyclable materials, leaf waste, construction debris, hazardous waste,
or covered devices included in the Covered Device Recycling Act now
or as may be amended.
GENERATOR
A person or municipality that produces or creates a municipal
solid waste.
GROSS CONTAMINATION
For the purpose of recycling under this article, gross contamination
includes liquids, food, feces, carcasses, organic matter, other putrescible
waste, items used for personal hygiene, chemicals, and other materials
that through direct contact can destroy the value of recyclable materials
making further sorting and processing prohibitive.
HAZARDOUS WASTE
Waste designated as hazardous by the United States Environmental
Protection Agency or the Pennsylvania Department of Environmental
Protection.
INDUSTRIAL
Any establishment engaging in manufacturing or processing
including, but not limited to, factories, foundaries, mills, processing
plants, and refineries.
INSTITUTIONAL
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities.
LARGE ITEMS
Items that are too large to be placed inside of a thirty-two-gallon
bag or a ninety-five-gallon cart with an individual weight no greater
than that allowed for a can or bag and which do not meet the definition
of a bulky item. These items include lamps, bicycles, large toys and
swing sets, vacuum cleaners, and other small household appliances,
aluminum and plastic resin lawn furniture, an individual cut and tied
bundle of carpeting measuring no more than four feet in length, and
meeting the weight requirements, as well as other items of similar
size, weight, and compactable nature.
LEACHATE
A liquid that has permeated through or drained from solid
waste.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings. Leaf waste does
not include loose soils, sod; food waste, including from gardens or
orchards; food compost; plastics and synthetic fibers; lumber; any
wood or tree limbs over four inches in diameter; human or animal excrement;
noxious weeds and soil contaminated with hazardous substances. Materials
larger than four inches in diameter and four feet in length shall
not be considered leaf waste.
LEAF WASTE COMPOSTING FACILITY
A facility that is used to compost leaf waste, or leaf waste
and grass clippings, garden residue, tree trimmings, chipped shrubbery
and other vegetative material. The term includes land affected during
the lifetime of the operation, including, but not limited to, areas
where composting actually occurs, support facilities, borrow areas,
offices, equipment sheds, air and water pollution control and treatment
systems, access roads, associated on-site or contiguous collection
and transportation activities, and other activities in which the natural
surface has been disturbed as a result of or incidental to operation
of the facility.
MARKETED
The transfer of ownership of recyclable materials for the
purpose of recycling the materials into a new product or use.
MUNICIPAL SOLID WASTE
Any garbage, refuse, food waste, lunchroom, retail or office
waste and other material, not including liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
and small commercial establishments and from community activities.
For the purposes of this article, the term does not include source-separated
recyclable materials, leaf waste, construction debris, hazardous waste,
or covered devices included in the Covered Device Recycling Act now
or as may be amended. Specifically, the Lawrence County Municipal
Solid Waste Management Plan.
MUNICIPAL SOLID WASTE MANAGEMENT PLAN
A comprehensive plan for an adequate municipal waste management
system in accordance with Chapter 272, Subchapter C (relating to municipal
waste planning).
MUNICIPAL WASTE LANDFILL
A facility using land for disposing of municipal solid waste.
The facility includes land affected during the lifetime of operations
including, but not limited to, areas where disposal or processing
activities actually occur, support facilities, borrow areas, offices,
equipment sheds, air and water pollution control and treatment systems,
access roads, associated onsite and contiguous collection, transportation
and storage facilities, closure and post closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a construction/demolition waste
landfill or a facility for the land application of sewage sludge.
PERMIT
A permit issued by the Department to operate a municipal
waste disposal or processing facility, or to beneficially use municipal
waste. The term includes a general permit, permit-by-rule, permit
modification, permit reissuance, and permit renewal.
PERSON
An individual, 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 law as the subject of rights and duties.
PROCESSING
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for offsite reuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities,
and resource recovery facilities.
RECYCLABLES or RECYCLABLE MATERIALS
Aluminum bottles and cans, steel, tin, and bimetal cans,
plastic bottles and jugs (HDPE and PET only), newsprint including
all types of inserts delivered in subscription and promotional newspapers
and similar periodicals, magazines, and multi grades of corrugated
cardboard, paper board and other mixed paper.
RECYCLE or RECYCLING
The collection, separation, recovery and sale or reuse of
metals, paper, leaf waste, plastics and other materials which would
otherwise be disposed or processed as municipal waste or the mechanized
separation and treatment of municipal waste (other than through combustion)
and creation and recovery of reusable materials other than a fuel
for the operation of energy.
RECYCLING FACILITY
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities.
REFUSE
Discarded waste materials in a solid or semiliquid state,
consisting of garbage, rubbish or a combination thereof.
RESIDENCE, RESIDENTIAL
Any house, dwelling, multiunit residence, apartment house,
or any building put to residential use except mixed-use buildings,
as defined in the City zoning ordinance.
RESIDENTIAL UNIT
A group of rooms located within a building and forming a
single inhabitable unit with facilities that are used or are intended
to be used for living, sleeping, cooking, and eating. Buildings are
included that contain four or less separate or contiguous single-family
dwelling units with each unit to be treated separately for purposes
of billing.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid, or contained gaseous materials
resulting from industrial mining, and agricultural operations and
any sludge from an industrial, mining, or agricultural water supply
treatment facility, waste water 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." 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" (Pennsylvania Act 101, Section 103).
SPILLAGE or SPILLAGE OCCURRENCE
Any garbage, broken glass or liquid effluent from the refuse
vehicle including but not limited to, garbage effluent, hydraulic
fluid, oil, etc. which is deposited on any roadway, public or private.
A single spillage occurrence shall be considered (per truck/per day/per
street). For example, if a truck has spillage throughout a residential
subdivision, spillage(s) on each street on a given day by the same
truck shall count as "a spillage occurrence." On the other hand, a
single spillage (per truck/per day/per street) shall also constitute
"a spillage occurrence."
STRUCTURE
All single-family homes, and multifamily dwellings of four
units or less. It also means facilities owned and/or operated by the
City.
TOTAL MONTHLY COST
The total cost, for customers, per month of collection service
for municipal solid waste, leaf waste, and recyclable materials.
UNACCEPTABLE WASTE
The following categories of materials are considered unacceptable
for collection and disposal as municipal solid waste:
(c)
Unsterilized or unprocessed infectious or pathological waste.
(f)
Explosives and ordinance materials.
(g)
Liquid waste (i.e. containing less than 20% solids by weight
or flowable).
(h)
Drums, barrels, and buckets unless lids have been removed and
interiors cleaned and free of any residue.
(j)
Any solid waste generated outside of the City.
(k)
Automotive parts, including tires.
WHITE GOODS
Includes all major appliances, such as washers, dryers, refrigerators,
freezers, stoves, dishwashers, hot water tanks, and trash compactors
and other items of similar weight, material, size, and nature.
[4-6-2023 by Ord. No. 8439]
The storage of all municipal waste shall be practiced so as
to prevent the attraction, breeding or harborage of insects or rodents
and to prevent conditions which may create potential hazards to public
health or which may create fire and other safety hazards, odors, unsightliness,
or public nuisance. Any person accumulating or storing municipal waste
on private or public property shall insure the sanitary and legal
disposal of such waste in accordance with this article and all other
applicable City, state, and federal laws and regulations.
[4-6-2023 by Ord. No. 8439]
All municipal waste generated, collected, and transported from
within the jurisdictional limits of the City shall be disposed of
at the facilities designated in the Lawrence County Solid Waste Management
Plan.
[4-6-2023 by Ord. No. 8439]
It shall be unlawful for any person to bring any municipal waste
into City or to transport municipal waste from one address to another
within or outside of the City for the purpose of taking advantage
of the City's collection service and/or to avoid the cost of
collection, except as specifically provided herein.
[4-6-2023 by Ord. No. 8439]
All waste materials resulting from the building, structural
alteration, repair, construction, or demolition of buildings or structures
shall be disposed of only as permitted by applicable City, state,
and federal laws and regulations as may be in effect or as subsequently
imposed. It shall be the responsibility of the property owner to ensure
the disposal of such waste in accordance with applicable laws and
regulations.
[4-6-2023 by Ord. No. 8439]
It shall be unlawful for any person to store, dump, discard
or deposit, or to permit the storage, dumping, discarding or depositing
of any municipal solid waste or recyclables upon the surface of the
ground or underground within the City, except in proper containers
for purposes of storage and collection in conformance with this article.
It shall be unlawful for any person to dump or deposit any municipal
solid waste or recyclables in any stream or body of water with the
City.
[4-6-2023 by Ord. No. 8439]
The City Administrator, or his designee, shall enforce and administer
the provisions of this article. Enforcement of the penalty provisions
of this article shall be in the sole discretion of the City. The exclusive
hauler shall be responsible for the collection of its own delinquent
accounts.
[4-6-2023 by Ord. No. 8439]
Any person violating any of the provisions of this article shall,
upon conviction by a District Magistrate, be subject to a fine of
not less than $100 nor more than $1,000 together with the cost of
prosecution. Every violator of the provisions of this article shall
be deemed guilty of a separate offense each and every day such violation
continues and shall be subject to the penalty imposed by this section
for each and every separate offense.
[4-6-2023 by Ord. No. 8439]
Should any section, paragraph, sentence, clause, or phrase of
this article be declared unconstitutional or invalid for any reason,
the remainder of this article shall not be affected hereby.
[4-6-2023 by Ord. No. 8439]
This article or any part thereof may be amended from time to
time in accordance with the procedures as established by law.
[4-6-2023 by Ord. No. 8439]
This article shall be subject to all applicable federal, state,
and municipal laws and ordinances as well as rules and regulations
as set forth by the Department of Environmental Protection, Commonwealth
of Pennsylvania.
[4-6-2023 by Ord. No. 8439]
This article shall become effective immediately upon adoption
and signature by the appropriate official as provided for in the Charter
of the City.
[4-6-2023 by Ord. No. 8439]
Any ordinance, chapter, section, subsection, paragraph, sentence
or phrase of any ordinance conflicting with the provisions of this
article shall and the same is hereby repealed to the extent of such
conflict.