[HISTORY: Adopted by the Borough Council of the Borough of Clearfield as indicated in article histories. Amendments noted where applicable.]
[Adopted by the Borough of Clearfield 4-19-1990 by Ord. No. 1162; amended in its entirety 8-15-1991 by Ord. No. 1167 (Ch. 48A of the 1966 Code)]
The short title of this article shall be the "Clearfield Borough Recycling Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
BIMETALLIC CANS
Empty food and beverage containers consisting of ferrous sides and bottom and all-aluminum top.
BOROUGH
The Borough of Clearfield, Pennsylvania.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than four dwelling units.
COMMUNITY ACTIVITY
An activity or event sponsored or organized by a public or private nonprofit organization for recreational, educational, cultural or civic purposes, which may be attended by members of the public, whether or not an entrance or participation fee is charged therefor.
CORRUGATED PAPER
That material consisting of two or more pieces of kraft liner separated by corrugated (fluted) liner board. Excluded are materials without a corrugated interliner, and those materials with a corrugated liner made from rice or other non-wood-based materials.
CURBSIDE COLLECTION
The collection by the municipality or its authorized agent(s) of recyclable materials placed at the curbside or other designated location.
FERROUS CANS
Empty steel or tin food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
Any white paper other than newsprint, magazines or other chemically coated paper or corrugated paper of the type commonly used for letter-writing stationery, notepaper, plain paper, photocopying machines, computer printers and other general purpose paper, whether or not any printed or written matter is contained thereon. Expressly excluded are papers with self carbons, carbon paper, envelopes and all other grades of papers not meeting specifications in the regulations.[1]
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, i.e., hospitals, schools, nursing homes, churches and social or fraternal societies and organizations.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTY
A type of residential property either under single ownership or organized as a condominium or cooperative form of housing, which contains four or more dwelling units.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough and other governmental and quasi-governmental authorities.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled.
PERSON(S)
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency (including, but not limited to the Department of General Services and the State Public School Building Authority) or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PLASTIC CONTAINERS
Empty plastic food and beverage containers as specified in the recycling regulations.[2]
RECYCLABLE MATERIALS
Those materials specified by the Borough.
RESIDENCE
Any occupied single- or multifamily dwelling from which a municipal or private waste hauler collects solid waste.
SOLID WASTE
All refuse (garbage and rubbish) and other discarded solid material normally collected by a municipal or private hauler. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
STEEL CANS
Empty food or beverage containers made of steel or tin-coated steel.
[1]
Editor's Note: Said regulations are on file in the office of the Borough Secretary.
[2]
Editor's Note: Said regulations are on file in the office of the Borough Secretary.
There is hereby established by the Borough of Clearfield a program that mandates that recyclable materials shall be kept separate from solid waste by all persons within the Borough.
Recyclable materials shall be placed at the curb (or in areas designated by the Borough) separate from solid waste, for collection at such times and dates as are established by the regulations under this article.[1]
[1]
Editor's Note: The Recycling Program Regulations are on file in the office of the Borough Secretary.
It shall be a violation of this article for any person(s) unauthorized by the Borough to collect or pick up or cause to be collected or picked up any such recyclable material, other than under the provisions of § 432-9 of this article. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
The Borough shall establish and promulgate reasonable regulations as to the manner, days and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this article.[1]
[1]
Editor's Note: Said regulations are on file in the office of the Borough Secretary.
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this article or any regulation thereunder shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than $100 and not more than $1,000 and costs, and in default of the payment of such fine and costs, to undergo imprisonment for not more than 30 days. The above fines shall not be applicable to a conviction for § 432-5 hereof which shall be punishable by a fine not to exceed $500. No enforcement of §§ 432-3 and 432-4 of this article shall be made until three months from the effective date of regulations authorized to be promulgated hereunder.
The Borough may enter into agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside or elsewhere as designated by the Borough.
Any person may donate or sell recyclable materials to individuals or organizations authorized by the Borough in its recycling regulations. These materials must either be delivered to the individual's or organization's 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 Borough. Said individuals or organizations may not collect recyclable materials on or immediately preceding (within 24 hours) a regularly scheduled curbside collection day.
If any section, sentence or any other part of this article is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its effect to the section, sentence or part of this article directly involved in the controversy in which such judgment shall have been rendered.
All ordinances or part of ordinances which are inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
This article shall take effect upon being recorded in the Ordinance Book of the Borough.
[Adopted 10-17-1996 by Ord. No. 1209 (Ch. 56A of the 1966 Code)]
This article shall be known and referred to as the "Borough of Clearfield Solid Waste Ordinance."
A. 
The following words and phrases, when used in this article shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise. Other words and phrases not specifically defined herein shall, unless the context clearly indicates otherwise, have the meanings given to them by Act 97 and Act 101:
ACT 97
The Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq. (Solid Waste Management Act), as amended, and all rules and regulations promulgated thereunder.
ACT 101
The Act of July 28, 1988, P.L. 556, No. 101, 35 P.S. § 4000.101 et. seq. (Municipal Waste Planning, Recycling and Waste Reduction Act), as amended, and all rules and regulations promulgated thereunder.
AUTHORITY
The Clearfield County Municipal Solid Waste Agency, the designated implementing agency for the Clearfield County Solid Waste Plan.
BOROUGH
The Borough of Clearfield, Pennsylvania.
BULKY WASTE
Large items of solid waste, including, but not limited to, appliances, furniture, large auto parts, trees, branches or stumps, which may quire special handling due to their size, shape and weight.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CONTAINER
A portable device in which waste is held for storage or transportation.
COUNTY
The County of Clearfield or the Clearfield County Board of County Commissioners.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection (DEP).
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 any constituent thereof enters the environment, is emitted into the air or is discharged into the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE OR HOUSEHOLD WASTE
Solid waste comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
GARBAGE
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.
HAULER OR PRIVATE COLLECTOR
Any person, firm, partnership, association or corporation engaged in the collection or transportation of municipal waste.
HAZARDOUS WASTE
Any solid waste or combination of solid wastes defined in Act 97, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase to mortality or an increase in mortality in either an individual or the total population or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar material not including grass clippings.
LICENSED HAULER or LICENSED COLLECTOR
Any municipal waste hauler or collector possessing a valid and current county license issued by the Clearfield County Solid Waste Authority.
MUNICIPAL WASTE
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; and any sludge not meeting the definition of "residual or hazardous waste" under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
MUNICIPALITY
The Borough of Clearfield, Pennsylvania.
OCCUPIED DWELLING
A permanent building or fixed mobile home that is currently being used on a regular or temporary basis for human habitation.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this article which prescribes a fine or penalty or any combination of the foregoing, the term person shall include the officers and directors of any corporation or other legal entity having officers and directors.
PLAN
The Clearfield County Municipal Solid Waste Management Plan, as amended.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal or residual 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.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste or the separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the generation of energy.
RECYCLING FACILITY
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers usable materials that can be sold or reused by a manufacturer as a substitute 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
All solid waste materials which are discarded as useless.
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, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The residual waste shall not include coal refuse as defined in the Coal Refuse Disposal Control Act.[1] The term shall not include treatment sludges 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, 1987 (P.L. 1987, No. 394), known as the "Clean Streams Act."
RESOURCE-RECOVERY FACILITY
A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off-site, including but not limited to a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy and any chemical and biological process that converts municipal waste into a fuel product.
RUBBISH
All nonputrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
SALVAGING
The controlled removal or recycling of material from a solid waste processing or disposal facility.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
SOURCE RECYCLABLE MATERIAL
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to waste-collection-route vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[1]
Editor's Note: See 52 P.S. § 30.51 et seq.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
A. 
It shall be unlawful for any person to accumulate or to permit to accumulate upon any public or private property within the Borough any garbage, rubbish, bulky waste or any other municipal or residual solid waste except in accordance with the provisions of this article and Acts 97 and 101; provided, however, that nothing contained herein shall be construed so as to prohibit composting on private property for the personal noncommercial use of the owner or occupier of such property; provided, further, that no composting material shall be placed or kept within 15 feet from any adjoining property line.
B. 
It shall be unlawful for any person to burn any solid waste, including leaf waste, within the Borough except in accordance with the provisions of this article and Acts 97 and 101.
C. 
It shall be unlawful for any person to dispose of any solid waste in the Borough except in accordance with the provisions of this article and Acts 97 and 101.
D. 
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property other than their own private residence within the Borough without a current, valid county license issued by the authority and without first registering to do so in accordance with the provisions of this article.
E. 
It shall be unlawful for any person to scavenge any materials from any municipal waste or source-separated recyclable materials that are stored or deposited for collection within the Borough without the prior written approval of the Borough.
F. 
It shall be unlawful for any person to salvage or reclaim any solid waste within the Borough except at an approved and permitted resource-recovery facility under Act 97 and Act 101.
G. 
It shall be unlawful for any person to throw, place or deposit or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water or public or private property within the Borough except as provided in this article.
H. 
It shall be unlawful for any person to place any used lead acid battery in mixed municipal solid waste for collection or to discard or dispose of any lead acid battery except by delivery to a secondary lead smelter or a collection or recycling facility approved by the Department.
A. 
The storage of solid waste shall be practiced so as 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 municipal waste shall provide a sufficient number of approved 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 municipal waste for collection shall comply with the following preparation standards:
(1) 
All municipal waste shall be drained free of 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) 
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
(4) 
Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall not be more that four feet in length, not more than two feet in diameter and not more than 40 pounds in weight.
(5) 
Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
(6) 
When specified by the Borough or its designated representative, special preparation and storage procedures may be required to facilitate the collection and recycling of certain recyclable materials.
(7) 
All municipal waste shall be stored in containers approved by the Borough or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
(a) 
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 leakproof and weatherproof.
(b) 
Reusable containers for individual residences shall have a tightfitting cover and suitable lifting handles to facilitate collection.
(c) 
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
D. 
Any person storing municipal waste for collection shall comply with the following storage standards:
(1) 
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
(2) 
Reusable containers shall be kept in a sanitary condition at all times. 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 so as 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 or its designated representative.
(5) 
Containers shall be placed by the owner or customer at a collection point located on private property. It shall be the responsibility of the property owner to maintain access to the containers during winter months.
(6) 
With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored by the owner or customer at all times.
(7) 
No garbage or rubbish may be placed out for collection before 7:00 p.m. on the evening prior to the scheduled collection. All containers shall be returned promptly to the storage area following collection.
(8) 
No dumpsters may be placed along any street, alley or right-of-way within the Borough, unless a permit is obtained from the Code Enforcement Officer or Borough Manager. Said permit shall be valid for a period of time to be determined by the Borough. Any dumpster permitted to remain on any street, alley or right-of-way shall be clearly marked with the name of the owner and shall have sufficient reflecting devices installed to make the dumpster clearly visible at night.
(9) 
Bulk waste items, such as furniture, automobile parts, machinery, appliances and tires, shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents or the creation of safety hazards and fire hazards.
E. 
The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchrooms or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler and are subject to approval by the Borough.
F. 
Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the Department's Chapter 285, Subchapter A, Regulations for the Storage of Municipal Waste, and with the revisions or amendments thereto.
A. 
The Borough may provide for collection of all garbage, rubbish and bulky wastes from individual residences and multifamily residential sources with less than four units, and/or it may license a private collector or collectors to provide this essential residential collection service.
B. 
All households and homeowners shall utilize a residential collection service, unless they can demonstrate that they have made alternate arrangements for the disposal of the waste which are consistent with this article and with Acts 97 and 101.
C. 
All multifamily residential sources with more than four units and commercial, institutional and industrial establishments shall negotiate and individually contract collection services with a licensed collector.
D. 
All residential garbage and rubbish shall be collected at least once a week. Bulky waste shall be collected following prior arrangement with a licensed collector and payment of any required special fees.
E. 
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected on a regular basis, with the exception of restaurants, which shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The Borough reserves the right to require more frequent collection when deemed necessary.
F. 
Each licensed hauler shall provide the Borough Manager or Code Enforcement Officer with the name and address of any customer whose service has been terminated for any reason, within 10 days of such termination of service.
G. 
All municipal solid waste collection activity within residential areas of the Borough shall take place from Monday through Saturday, unless prior exception has been granted by the Borough. No collection, hauling or transporting of municipal waste shall be permitted on Sunday. Licensed haulers shall notify the Borough Manager or Code Enforcement Officer of any equipment breakdown requiring exceptions to this section; providing, however, that nothing contained herein shall be construed so as to require the granting of an exception or waiver or suspension of this section, and the granting of a temporary exception or of a waiver of enforcement hereunder shall be within the sole discretion of the Borough Manager or Code Enforcement Officer, upon good cause shown.
H. 
All licensed haulers and collectors shall comply with the following standards and regulations:
(1) 
All municipal waste collected within the Borough shall be conveyed by the collector or hauler to a transfer station, processing facility and/or disposal site designated by the Authority pursuant to the approved Municipal Waste Management Plan for Clearfield County.
(2) 
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97 and Act 101 and with the Title 25, Chapter 285, Subchapter B, Regulations of the Department for the Collection and Transportation of Municipal Waste.
(3) 
All collection vehicles conveying domestic or household waste and garbage shall be secured and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances. No open trucks are to be used for solid waste collection, except that a pickup truck, etc., may be used when the width of a street or alley prohibits the use of a conventional garbage truck. The pickup truck, etc., must be covered at all times to prevent the scattering of garbage and refuse during the transporting of material to the regular disposal or collection vehicle.
(4) 
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
(5) 
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
(6) 
No collection vehicles may be parked in excess of four hours in any residential area or within the Central Business District.
Licensed haulers shall be responsible for the collection of any fees for solid waste collection and disposal services provided to residential, commercial, institutional or industrial sources within the Borough.
A. 
From and after the effective date hereof, no person may charge a consideration for or otherwise engage in the business or activity of collecting, storing, transporting or disposing of solid waste within the Borough unless he or she shall have first obtained a license therefor from the authority and registered hereunder; nor shall any person pay or offer a consideration to any other person for the collection, storage, transportation or disposal of solid waste, unless such other person shall be registered hereunder, and licensed by the authority.
B. 
Application.
(1) 
Application for registration shall be made in writing, on a form prescribed by the Borough, and shall contain such information as the Council may from time to time require, including the following:
(a) 
The name, address, telephone number and employer identification number of the applicant.
(b) 
The year, make, model, serial number and registration number of any vehicle to be used in connection with the storage, transportation or disposal of solid waste.
(c) 
A description of the type of waste to be collected, stored, transported or disposed of.
(d) 
A list of all properties owned, rented, leased or otherwise used or to be used by the applicant in connection with the collection, transportation, storage or disposal of solid waste.
(e) 
Manner and method of disposal.
(f) 
Frequency of collection.
(g) 
Point of collection.
(h) 
Evidence of licensure by the authority.
(i) 
Proposed place and method of disposal for each type of waste.
(2) 
Each application shall be accompanied by such fee as the Borough and/or the authority may from time to time be authorized to collect.
C. 
Each license must be renewed on or before July 1 of each calendar year. Any registration granted hereunder shall be personal to the licensed hauler and shall not be subject to sale, assignment or other transfer without the consent of the Borough.
D. 
The Borough may, upon cause shown and after affording reasonable notice and opportunity for a hearing, suspend or revoke the registration of any person for reasons, including but not limited to the following:
(1) 
False or misleading statements in the license application.
(2) 
Collecting, storing or transporting waste in a careless, negligent, unsafe or unsanitary manner.
(3) 
Failure to dispose of waste as required by § 432-17H(1).
(4) 
Failure to maintain insurance or to otherwise comply with § 432-20 (relating to required insurance).
(5) 
Failure to maintain premises as required by § 432-22.
(6) 
Any other failure to comply with the requirements of this article or of Acts 97 and 101 and/or the plan.
Each person registered hereunder shall carry and maintain a policy or policies of insurance issued by an insurer authorized to do business within the Commonwealth of Pennsylvania, insuring such person against liability for bodily injuries, death and/or property damage sustained by any person or persons as a result of the acts or omissions of such registrant or any of his or its officers, agents or employees. Such insurance shall be maintained in limits of not less than $300,000 per person and $1,000,000 per occurrence for bodily injury and/or death, and $300,000 per occurrence for property damage; and a certificate of insurance naming the Borough of Clearfield as a certificate holder, to the extent that its interests may appear, shall be presented at the time of application and at any other time, upon request, to the Borough Manager or Code Enforcement Officer. Each person registered hereunder shall immediately, upon acceptance of the registration, furnish the Borough Manager with a copy of any notice of cancellation pertaining to any policy of insurance required to be maintained hereunder. In addition to maintaining such insurance coverage as required herein, each person registered hereunder shall, as a condition of being registered hereunder, assume any and all liabilities for personal injuries, death and/or property damage caused to any person as a result of the acts or omissions of any such registration or any of his or its officers, agents or employees and shall indemnify and hold harmless the Borough of Clearfield, Pennsylvania and its officers, agents and employees, with respect to any such liability and any costs, including attorney's fees, reasonably incurred in connection with the defense of any claim or suit brought on account thereof.
No person registered hereunder shall in any manner be considered an agent, servant or employee of the Borough but shall, at all times, be and remain an independent contractor. Each such registered person shall, upon request of the Borough Manager or Code Enforcement Officer, present satisfactory evidence of compliance with the Pennsylvania Workers' Compensation Act and any rules and regulations promulgated thereunder.
Each person who submits an application for registration hereunder shall be deemed to have consented to the entry upon and inspection at all reasonable times and for just cause of any premises owned, leased or otherwise occupied by the applicant in connection with the collection, transportation, storage or disposal of solid waste. Any such premises must be maintained and kept entirely free of waste during the term of any registration issued hereunder.
Notwithstanding, anything contained herein to the contrary, no person shall collect, store, transport or dispose of solid waste in violation of Acts 97 and 101, as amended, or the rules and regulations of the Department of Environmental Protection promulgated thereunder or of the Municipal Waste Management Plan for Clearfield County.
The inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the Code Enforcement Officer or the Borough Manager or their representative. The Borough shall have the power as necessary, in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this article, to secure the intent thereof and to designate requirements applicable because of change in circumstances. The Borough shall appoint such officers, technical assistants, inspectors and other employees as necessary for the administration of this article. The Borough Manager is authorized to designate an employee as deputy who shall exercise all the powers of the Code Enforcement Officer during the temporary absence or disability of the Code Enforcement Officer.
Any person violating any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $1,000 provided that each day during which a violation exists shall be considered a separate offense.
Ordinance Nos. 118, 225, 596, 635, 658, 686, 728, 888, 948 and 1087 and all other ordinances inconsistent be and the same are hereby repealed.