[HISTORY: Adopted by the City Council of
the City of Bradford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-19-1968 by Ord. No. 2801]
The following words, 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:
The residue from the burning of wood, coal, coke and other
combustible materials for the purposes of heating and cooking.
One or more rooms designed for occupancy by one or more persons
for cooking, living and sleeping purposes.
[Added 12-9-2008 by Ord. No. 2801.22; amended 12-30-2008 by Ord. No. 2801.23]
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of foods. It shall not include
more than a minimum amount of free liquids. It shall not include food-processing
wastes from canneries, packing plants or similar industries nor large
quantities of condemned food products.
A natural person, firm, copartnership, association or corporation.
Garbage, ashes and rubbish as herein defined.
All waste materials not included in "garbage," "ashes" and
"yard waste," except such waste materials as are not commonly produced
in homes, stores, institutions and industries.
[Amended 5-27-2014 by Ord. No. 2801.26]
Leaves, grass clippings, garden residues, shrubbery and tree
trimmings and similar material.
[Added 5-27-2014 by Ord. No. 2801.26]
[Amended 11-23-1982 by Ord. No. 3043; 12-16-1986 by Ord. No. 2801.1; 11-22-1988 by Ord. No. 2801.3; 10-24-1989 by Ord. No. 2801.5]
A.
All refuse accumulated in the City of Bradford shall be collected, conveyed and disposed of by the City, and the cost of such service shall be paid for as provided in the schedule of fees set forth in § 184-5 hereof by the person(s) who is the owner(s) of record for said property. Items to be recycled under Article II, Waste Reduction and Recycling, shall be included in the above. It shall be unlawful for any person to collect, convey over any of the streets or alleys of the City or dispose of any refuse accumulated in the City.
[Amended 12-19-1994 by Ord. No. 2801.13; 12-9-2008 by Ord. No. 2801.22; amended 12-30-2008 by Ord. No.
2801.23]
B.
If any person should dispose of refuse without utilizing the services of the City, that person shall still be required to pay the fees(s) set forth in § 184-5 of this article.
[Amended 12-19-1994 by Ord. No. 2801.13]
C.
The collection and disposal of refuse in the City
of Bradford shall be under the supervision of the City Administrator.
He shall have authority to make regulations concerning the days of
collection, type and location of waste containers and such other matters
pertaining to the collection and disposal as he may deem advisable
and to change and modify the same after notice as required by law,
provided that such regulations are not contrary to the provisions
hereof. An aggrieved person shall have the right of appeal against
any regulations made by the City Administrator to the City Council,
which may confirm, modify or revoke any such regulations.
D.
The producers of refuse or the owners of premises upon which refuse is accumulated who desire to dispose of waste materials not included in the definition of refuse or as required under Article II, Waste Reduction and Recycling, of this chapter as set forth above and collectors of refuse from locations outside of the City who desire to haul refuse over the streets of the City shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors from escaping therefrom and refuse from being blown, dropped or spilled. Such disposal shall be made as required by law. The City Administrator shall have authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling over City streets by collectors of refuse from outside the City as he may deem necessary, subject to the right of appeal as set forth in Subsection C hereof.
E.
Ownership of refuse material or material as set forth in Article II, Waste Reduction and Recycling, of this chapter as required to be recycled set out for collection or recycling shall be vested in the City; the ownership of all material delivered to the disposal facilities of the City or the recycling facilities of the City or their contracted vendor shall be vested in the owner of those facilities, subject to the rights of the City.
F.
It shall be unlawful for any person to operate a transfer
station or a collection facility within the City limits of the City
of Bradford.
[Added 12-19-1994 by Ord. No. 2801.13]
[Amended 11-22-1988 by Ord. No. 2801.3]
A.
Separation of refuse. Garbage, ashes and rubbish shall
each be placed and maintained in separate containers.
B.
Preparation of refuse.
(1)
All garbage, before being placed in garbage cans for
collection, shall have drained from it all free liquids and may be
wrapped in paper.
(2)
All rubbish shall be drained of liquid before being
deposited for collection.
(3)
All cans and bottles which have contained food shall
be thoroughly rinsed and drained before being deposited for collection.
(4)
Tree trimmings, hedge clippings and similar material
shall be cut to lengths not to exceed three feet and securely tied
in bundles not more than two feet thick before being deposited for
collection.
(5)
Yard waste shall be deposited in a clear plastic bag before it is
placed for pickup.
[Added 5-27-2014 by Ord. No. 2801.26]
C.
Refuse containers.
(1)
Garbage receptacles.
(a)
Garbage receptacles shall be made of metal or
durable synthetic material, must be watertight and shall be provided
with a tight-fitting cover.
(b)
No person shall use for the reception of garbage
any receptacle having the capacity of more than 20 gallons.
(c)
All garbage receptacles shall be kept as sanitary
as possible in view of the use to which they are put and shall be
thoroughly cleansed by the occupant after garbage is removed by the
collector.
(2)
Ash receptacles shall be of metal and have a capacity
of not more than 20 gallons.
(3)
Rubbish receptacles shall be of a suitable kind which
can be easily handled by one man.
(4)
Provision and maintenance.
(a)
All refuse receptacles shall be provided by
the owner, tenant, lessee or occupant of the premises.
(b)
All refuse receptacles shall be maintained in
good condition. Any receptacle that does not conform to the provisions
of this article or that may have ragged or sharp edges or any other
defect liable to hamper or injure the person collecting the contents
thereof shall be promptly replaced upon notice. Failure to comply
may result in refusal to collect or the removal of the defective receptacle
as refuse.
D.
Storing of refuse.
(1)
No person shall place any refuse in any street, alley
or public place or upon any private property, whether owned by such
person or not, within the City except in proper receptacles for collection
or under an express approval granted by the City Council. No person
shall throw or deposit any refuse in any stream or other body of water.
(2)
Any unauthorized accumulation of refuse on any premises
is hereby declared to be a nuisance and is prohibited. Failure to
remove any existing accumulation of refuse within 30 days after the
effective date of this article shall be deemed a violation of this
article.
(3)
It shall be unlawful for any person, other than the
occupants of the premises on which refuse receptacles are stored,
or the collector to remove the covers or any of the contents of refuse
receptacles.
E.
Points of collection. Refuse receptacles shall be
placed for collection at ground level on the property, not within
the cartway of a street or alley, and accessible to and not more than
40 feet from the side of the street or alley from which collection
is made, provided that receptacles may be placed for collection at
other than ground level and at a distance of more than 40 feet when
approved by the City Administrator and an additional payment for the
extra service is agreed upon by both parties.
F.
Garbage, rubbish, refuse or recyclables shall not
be placed for collection earlier than 5:00 p.m. the day prior to the
collection date. If any garbage, rubbish, refuse or recyclable item
is for any reason not picked up on the scheduled collection date,
it shall not remain at the street past 6:00 p.m. on the day of collection.
All garbage, rubbish, refuse or recyclables shall be placed out for
collection no later than 4:00 a.m. on the scheduled collection day.
[Added 12-14-1999 by Ord. No. 2801.15]
[Amended 12-22-1987 by Ord. No. 2801.2; 11-22-1988 by Ord. No. 2801.3]
A.
Frequency of collection.
(1)
Refuse shall be collected at least once each week.
(2)
Industries, hotels, restaurants, stores and such other
businesses and institutions may enter into an agreement for a greater
frequency of collection. Where necessary to protect the public health,
the City Administrator may require that more frequent collections
be made.
B.
Limitation on quantity.
(1)
It is the intent of this article that the reasonable
accumulation of refuse of each family for the collection period will
be collected for the standard charge. The City Administrator may refuse
to collect unreasonable amounts or may make an additional charge for
such amounts.
(2)
It is the intent of this article that commercial and
industrial establishments and institutions shall have their reasonable
accumulations of refuse for the collection period collected at a fair
charge based upon the average weight or volume and such other factors
as the City Administrator may determine. The City Administrator may
refuse to collect unreasonable amounts or may make an additional charge
for such amounts.
C.
Special refuse problems.
(1)
Contagious disease refuse. The removal of wearing
apparel, bedding or other refuse from homes or other places where
highly infectious or contagious diseases have prevailed should be
performed under the supervision and direction of the Health Officer.
Such refuse shall not be placed in containers for regular collection.
(2)
Inflammable or explosive refuse. Highly inflammable
or explosive materials shall not be placed in containers for regular
collection but shall be disposed of as directed by the City Administrator
at the expense of the owner or possessor thereof.
D.
A fee per item as set from time to time by resolution
of the City Council shall be charged for all white goods and appliances.
Each white good item is to be scheduled and prepaid prior to pickup.
All white goods items must be placed at the curb, next to the surface
of the roadway, for pickup.
[Amended 12-22-2009 by Ord. No. 2081.24; 12-23-2014 by Ord. No.
2801.27; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
E.
A fee per
item as set from time to time by resolution of the City Council shall
be charged for the disposal of large furniture items, including couches,
chairs, box springs, large wooden and/or metal furniture items, toilets,
bathtubs, sinks, bundled four-foot sections of carpeting, swing sets,
etc. Each furniture item is to be scheduled and prepaid prior to pickup.
All furniture items must be placed at the curb, next to the surface
of the roadway, for pickup.
[Added 12-22-2009 by Ord. No. 2081.24; amended 12-23-2014 by Ord. No.
2801.27; 11-26-2019 by Ord. No. 2801.31; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
[Amended 12-15-1981 by Ord. No. 3033; 12-18-1984 by Ord. No. 3073; 11-22-1988 by Ord. No.
2801.3; 11-28-1989 by Ord. No. 2801.6; 7-24-1990 by Ord. No. 2801.7; 12-11-1990 by Ord. No. 2801.8; 12-11-1990 by Ord. No. 2801.9; 5-14-1991 by Ord. No. 2801.10; 11-12-1991 by Ord. No. 2801.11; 12-22-1992 by Ord. No. 2801.12; 4-9-1996 by Ord. No. 2801.14; 12-14-1999 by Ord. No. 2801.16; 7-25-2000 by Ord. No. 2801.17; 12-26-2000 by Ord. No. 2801.18; 9-25-2001 by Ord. No. 2801.19; 9-25-2001 by Ord. No. 2801.20; 12-23-2003 by Ord. No. 2801.21; 12-9-2008 by Ord. No.
2801.22; 12-30-2008 by Ord. No. 2801.23; 12-22-2009 by Ord. No.
2081.24; 12-13-2011 by Ord. No. 2801.25; 12-23-2014 by Ord. No.
2801.27; 2-24-2015 by Ord. No. 2801.28; 6-14-2016 by Ord. No. 2801.29; 12-11-2016 by Ord. No. 2801.30; 11-26-2019 by Ord. No. 2801.31; 11-9-2021 by Ord. No. 2801.32; 3-8-2022 by Ord. No. 2801.33; 5-24-2022 by Ord. No. 2801.34; 12-27-2022 by Ord. No. 2801.35; 3-14-2023 by Ord. No. 2801.36; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
A.
Residential housing. The fee for all residential housing, which includes all single-family dwellings, multifamily dwellings, dwelling groups, apartment buildings, group homes and domiciliary homes, for one weekly pickup of garbage and rubbish (average of six bags per week) is set at a rate as determined from time to time by resolution of the City Council per month for each dwelling unit as described in § 184-1.
(1)
An excess-bag fee as set from time to time by resolution of the City
Council will be charged on accounts that exceed the six-bag average.
B.
Commercial lodging (includes all hotels, motels, bed-and-breakfasts,
and rooming houses):
(1)
The fee for one weekly pickup of garbage and rubbish (six bags per
week) is set forth from time to time by resolution of the City Council.
If additional pickups are required, the fees will be as set forth
from time to time by resolution of the City Council.
(2)
An excess-bag fee as set from time to time by resolution of the City
Council will be charged on accounts exceeding allowable quantities.
The fee will be calculated and adjusted annually to establish a basic
monthly rate for each account.
(3)
If municipal waste dumpsters are utilized by hotels, motels, bed-and-breakfasts,
rooming houses, etc., the fees for municipal waste dumpsters (commercial
business) shall apply.
C.
Commercial accounts:
(1)
The base fee for one weekly pickup of garbage and rubbish (average
six bags per week) is set forth from time to time by resolution of
the City Council.
(2)
If additional weekly pickups are required, the base fees shall be
as set forth from time to time by resolution of the City Council.
(3)
An excess-bag fee of as set from time to time by resolution of the
City Council will be charged on accounts that exceed the six bags
per week for pickup. The fee will be calculated and adjusted annually
to establish a monthly rate for each account.
(4)
If municipal waste dumpsters are utilized by commercial accounts,
the dumpster fees shall apply.
D.
Special pickups of large quantities of rubbish, refuse and/or garbage
shall be charged an additional fee, to be determined by volume and/or
bag quantities. The route foreman shall establish the additional fee,
subject to appeal to the City Administrator by the owner(s) of record.
E.
Municipal waste dumpster:
(1)
The fee for the collection and disposal of industrial, manufacturing,
institutional and commercial business refuse is set forth from time
to time by resolution of the City Council.
(2)
The fee for the collection and disposal of commercial business refuse
is set forth from time to time by resolution of the City Council.
F.
The rental fee for municipal waste dumpsters is as follows for each
dumpster size:
(1)
Four yards: As set from time to time by resolution of the City Council
per month and forty-two-month return for replacement cost as set forth
from time to time by resolution of the City Council.
(2)
Six yards: As set from time to time by resolution of the City Council
per month and forty-two-month return for replacement cost as set forth
from time to time by resolution of the City Council.
(3)
Eight yards: As set from time to time by resolution of the City Council
per month and forty-two-month return for replacement cost as set forth
from time to time by resolution of the City Council.
G.
Delinquent accounts.
(1)
All accounts shall be considered delinquent when the account is 90
days in arrears, and a statement of delinquency shall be mailed to
the owner(s) of record, which will provide for a period of 15 days
to bring the account current.
(2)
Delinquent accounts in arrears of 90 days or more may be collected
by way of citation, municipal lien and/or civil suit or collection
agency.
(3)
Any delinquent account that is turned over for collection shall incur
additional interest and penalties in the amount of 18% of the total
amount turned over to the collection agency plus any additional costs
and fees that may be legally assessed by the agency. All accounts
turned over for collection shall be subject to the additional fees
assessed. The account holder shall be responsible for payment of the
additional fees.
H.
Lawn waste. A prepaid fee in an amount as set from time to time by
resolution of the City Council per pickup of up to and including three
bags of lawn waste and a fee as set from time to time by resolution
of the City Council per additional bag. This pickup will be scheduled
at the discretion of the City after payment has been received.
I.
Mattresses. A fee per mattress as set from time to time by resolution
of the City Council will be billed to the account after pickup.
J.
Electronics: a prepaid fee as set from time to time by resolution
of the City Council for three items and an amount as set from time
to time by resolution of the City Council per additional item. There
will be a prepaid fee as set from time to time by resolution of the
City Council for CRT (picture tube) televisions. This pickup will
be scheduled at the discretion of the City after payment has been
received.
[Amended 6-11-1974 by Ord. No. 2929; 11-22-1988 by Ord. No. 2801.3; 6-16-1989 by Ord. No. 2801.4; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation, whether principal,
agent or employee, who or which shall violate any provision of this
article or assist in the violation of any provision of this article
or any regulation made by the City Council or the City Administrator
under the provisions hereof commits a summary offense and, upon conviction,
shall be sentenced to pay a fine of not more than $1,000 or to imprisonment
for not more than 90 days, or both.
[Adopted 6-16-1989 by Ord. No. 3128]
This article shall be known and may be cited
as the "City of Bradford Waste Reduction and Recycling Ordinance."
This article is enacted pursuant to the Solid
Waste Management Act, P.L. 380, No. 97, July 7, 1980, and the Municipal
Waste Planning, Recycling and Waste Reduction Act, No. 101, July 28,
1988.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
A.
It is the purpose of this article to:
(1)
Require waste reduction and recycling as a means of
managing municipal waste, conserving resources and supplying energy.
(2)
Protect the public health, safety and welfare from
the short- and long-term dangers of collection, transportation, processing
and storage of municipal waste.
(3)
Utilize, wherever feasible, the capabilities of private
enterprise in accomplishing the desired objectives of an effective,
comprehensive solid waste management program.
(4)
Establish and implement within the City of Bradford
a recycling program to return valuable materials to productive use,
to conserve energy and to protect the capacity at municipal waste-processing
or disposal facilities.
(5)
Recycle at least 25% of all municipal waste and source-separated
recyclable materials generated in the City of Bradford on and after
January 1, 1997.
B.
The weight or volume of municipal waste generated
per capita in the City of Bradford on January 1, 1997, should, to
the greatest extent practicable, be less than the weight or volume
of municipal waste generated per capita on the effective date of this
article.
C.
Each person living or working in the City of Bradford
shall be taught the economic, environmental and energy value of recycling
and waste reduction and shall be encouraged through a variety of means
to participate in such activities.
D.
The City of Bradford shall, to the greatest extent
practicable, procure and use products and materials with recycled
content and procure and use materials that are recyclable.
The following words and phrases, when used in
this article, shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
The restoration, reclamation, recovery, etc., of a natural
resource adversely affected by the activity of a person.
The mean daily volume received at a facility, taking into
account weather, seasonal variations, scheduled community cleanup
days and other factors.
The commonwealth and its departments, boards, commissions
and agencies, commonwealth-owned universities and the State Public
School Building Authority, the State Highway and Bridge Authority
and any other authority now in existence or hereafter created or organized
by the commonwealth.
Plastic beverage carriers that degrade by biological processes,
photodegradation, chemodegradation or degradation by other natural
processes. The degradation process does not produce or result in a
residue or by-product considered to be hazardous waste.
The Department of Conservation and Natural Resources of the
commonwealth and its authorized representatives.
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in such 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.
A study which analyzes a specific municipal waste-processing
or disposal system to assess the likelihood that the system can be
successfully implemented, including but not limited to an analysis
of the prospective market, the projected costs and revenues of the
system, the municipal waste stream that the system will rely upon
and various options available to implement the system.
The municipality, other than the county, within which a municipal
waste landfill or resource recovery facility is located or is proposed
to be located.[1]
Counties, cities, boroughs, towns, townships,
school districts and any other authority now in existence or hereafter
created or organized by the commonwealth.
All municipal or school or other authorities
now in existence or hereafter created or organized by any county,
city, borough, township or school district or any combination thereof.
Any and all other public bodies, authorities,
councils of government officers, agencies or instrumentalities of
the foregoing, whether exercising a governmental or proprietary function.
The entire process, or any part thereof, of storage, collection,
transportation, processing, treatment and disposal of solid wastes
by any person engaging in such process.
The City of Bradford of McKean County, Pennsylvania.
A source-separation and collection program for recycling
City of Bradford waste or source-separated recyclable materials or
a program for designated dropoff points or collection centers for
recycling City of Bradford waste or source-separated recyclable materials
that is operated by or on behalf of the City of Bradford. The term
includes any source-separation and collection program for composting
yard waste that is operated by or on behalf of the City of Bradford.
The term shall not include any program for recycling construction/demolition
waste or sludge from sewage treatment plants or water supply treatment
plants.
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 in the Solid Waste Management Act 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.
Any facility that is designed, operated or maintained for
the disposal of municipal waste, whether or not such facility possesses
a permit from the Department under the Solid Waste Management Act.
The term does not include any facility that is used exclusively for
disposal of construction/demolition waste or sludge from sewage treatment
plants or water supply treatment plants.
A person engaged in solid waste processing or disposal. Where
more than one person is so engaged in a single operation, all persons
shall be deemed jointly and severally responsible for compliance with
the provisions of this article.
Any individual, partnership, corporation, association, institution
or cooperative enterprise. In any provisions of this article prescribing
a fine, imprisonment 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.
Plastic rings or similar plastic connectors used as holding
devices in the packaging of beverages, including but not limited to
all carbonated beverages, liquors, wines, fruit juices, mineral waters,
soda and beer.
Contamination of any air, water, land or other natural resources
of this City of Bradford that will create or is likely to create a
public nuisance or to render the air, water, land or other natural
resources harmful, detrimental or injurious to public health, safety
or welfare or to domestic, municipal, commercial, industrial, agricultural,
recreational or other legitimate beneficial uses or to livestock,
wild animals, birds, fish or other life.
Any product generated by a business or consumer which has
served its intended end use and which has been separated or diverted
from solid waste for the purposes of collection, recycling and disposition.
The term includes industrial by-products that would otherwise go to
disposal or processing facilities. The term does not include internally
generated scrap that is commonly returned to industrial or manufacturing
processes.
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 off-site reuse. "Processing" facilities
include, but are not limited to, transfer facilities, composting facilities
and resource recovery facilities.
Those activities required to be conducted prior to constructing
a processing or disposal facility that has been shown to be feasible,
including but not limited to public input and participation, siting,
procurement and vendor contract negotiations and market and municipal
waste supply assurance negotiations.
Any commonwealth agency or local public agency.
Goods, supplies, equipment, materials and printing containing
postconsumer materials.
The collection, separation, recovery and sale or reuse of
metals, glass, 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.
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
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.
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 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."[2] 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, 1937 (P.L. 1987, No. 394), known as the "Clean
Streams Law."[3]
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. The term also includes any facility for the combustion
of municipal waste that is generated off site, whether or not the
facility is operated to recover energy. The term does not include:
Any composting facility.
Methane gas extraction from a municipal waste
landfill.
Any separation and collection center, dropoff
point or collection center for recycling or any source-separation
or collection center for composting leaf waste.
Any facility, including all units in the facility,
with a total processing capacity of less than 50 tons per day.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal ash or drill cuttings.
The Act of July 7, 1980 (P.L. 380, No. 97).[4]
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
The containment of any municipal 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 municipal waste in excess
of one year constitutes disposal. This presumption can be overcome
by clear and convincing evidence to the contrary.
The off-site removal of any municipal waste at any time after
generation.
Any method, technique or process, including but not limited
to neutralization, designed to change the physical, chemical or biological
character or composition of any municipal waste so as to neutralize
such waste or so as to render such waste safer for transport, suitable
for recovery, suitable for storage or reduced in volume.
Design, manufacture or use of a product to minimize weight
of municipal waste that requires processing or disposal, including
but not limited to:
Leaves, grass clippings, garden residues, shrubbery and tree
trimmings and similar material.
[Added 5-27-2014 by Ord. No. 3128.1]
[1]
Editor’s Note: The former definition of "leaf waste,"
which immediately followed this definition, was repealed 5-27-2014
by Ord. No. 3128.1. See now the definition of "yard waste."
[2]
Editor's Note: See 52 P.S. § 30.51
et seq.
[3]
Editor's Note: See 35 P.S. § 691.1
et seq.
[4]
Editor's Note: See 35 P.S. § 6018.101
et seq.
A.
Responsibilities. The City of Bradford shall have
the power and its duty shall be to assure the proper and adequate
transportation, collection and storage of municipal waste which is
generated or present within its boundaries, to assure adequate capacity
for the disposal of municipal waste generated within its boundaries
by means of the procedure set forth in Section 1111 of the Municipal
Waste Planning, Recycling and Waste Reduction Act[1] and to adopt and implement a program for the collection
and recycling of municipal waste or source-separated recyclable materials
as provided in this article.
[1]
Editor's Note: See 53 P.S. § 4000.1111.
B.
Powers. In carrying out its duties under this section,
the City Council of the City of Bradford may adopt resolutions establishing
procedures, regulations and standards for the recycling, transportation,
storage and collection of municipal wastes or source-separated recyclable
materials which shall not be less stringent than and shall not be
in violation of or inconsistent with the provisions and purposes of
the Solid Waste Management Act, the Municipal Waste Planning, Recycling
and Waste Reduction Act[2] and the regulations promulgated pursuant thereto.
[2]
Editor's Note: See 53 P.S. § 4000.101
et seq.
C.
Duties. The City of Bradford shall implement the provisions
of this article by collecting, transporting, processing or marketing
source-separated materials or may contract with any person to carry
out its duties for the recycling, transportation, collection and storage
of municipal waste and source-separated recyclable materials if the
recycling, transportation, collection or storage activity or facility
is conducted or operated in a manner that is consistent with the Solid
Waste Management Act, the Municipal Waste Planning, Recycling and
Waste Reduction Act, this article and the regulations promulgated
pursuant thereto. Any such person shall be jointly and severally responsible
with the City of Bradford when carrying out his duties for transportation,
collection or storage activity or facility.
The City Council, City of Bradford, hereby requires
that all municipal waste generated within its jurisdiction shall be
disposed of or processed at the designated permitted facility located
at Looker Mountain Road or at such other places that may be designated
by resolution from time to time.
[Amended 1-25-1994 by Ord. No. 3128.1]
The City of Bradford hereby establishes and
implements a source-separation and collection program for recyclable
materials in accordance with Section 1501 of the Municipal Waste Planning,
Recycling and Waste Reduction Act.[1] The source-separation and collection program shall include
the following regulations:
A.
Persons are hereby required to separate eight materials,
deemed appropriate hereafter, from other municipal waste generated
at their homes, apartments and other residential establishments and
to store such material until collection. The eight materials shall
be designated periodically from the following: clear glass, colored
glass, aluminum, steel and bimetallic cans, high-grade office paper,
newsprint, corrugated paper and plastics. Nothing in this article
shall be deemed to impair the ownership of separated materials by
the person who generated them unless and until such materials are
placed at curbside or similar location for collection by the City
of Bradford.
[Amended 12-10-1996 by Ord. No. 3128.2]
B.
Persons are hereby required to separate leaf waste
from other municipal waste generated at their homes, apartments and
other residential establishments until collection, unless those persons
have otherwise provided for the composting of leaf waste. The City
Council of the City of Bradford shall allow an owner, landlord or
agent of an owner or landlord of multifamily rental housing properties
with 25 or more units to comply with its responsibilities under this
subsection by establishing a collection system for recyclable materials
at each property for later pickup by the City of Bradford. The collection
system must include 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 who comply with this article shall not be liable for the
noncompliance of occupants of their buildings.
C.
Persons are hereby required to separate high-grade
office paper, aluminum, corrugated paper and leaf waste and other
material deemed appropriate generated at commercial, municipal or
institutional establishments and from community activities and to
store the material until collection. The City Council of the City
of Bradford shall exempt persons occupying commercial, institutional
and municipal establishments within its municipal boundaries from
the requirements of this article if those persons have otherwise provided
for the recycling of materials they are required by this article to
recycle. To be eligible for an exemption under this subsection, a
commercial or institutional solid waste generator must annually apply
for a permit to do so and pay a fee established pursuant to resolution
and provide written documentation to the City of Bradford for the
total number of tons recycled or estimated to be recycled.
D.
At least once per month, the following separated materials
are hereby required to be placed at the curbside or a similar location
in plastic containers for collection by the City of Bradford:
E.
The City of Bradford shall collect recyclable materials
from curbside or similar locations at least once per month from each
residence or other person generating municipal waste in the City of
Bradford according to procedures established pursuant to resolution
of the City Council.
F.
The City of Bradford shall award contracts for the
processing and marketing of collected materials for recycling, giving
preferential consideration for the collection, marketing and disposition
of recyclable materials to persons engaged in the business of recycling
on the effective date of this article, whether or not the persons
were operating for profit.
[1]
Editor's Note: See 53 P.S. § 4000.1501.
The City of Bradford shall establish a comprehensive
and sustained public information and education program concerning
recycling program features and requirements. The City of Bradford's
City Administrator shall, as he or she deems necessary and appropriate,
place an advertisement in a newspaper circulating in the City of Bradford,
post a notice in public places where public notices are customarily
posted, including a notice with other official notifications periodically
mailed to residential taxpayers, or utilize any combination of the
foregoing.
An operator of a landfill or resource recovery
facility may contract with the City of Bradford to provide recycling
services in lieu of the curbside recycling program as determined from
time to time by resolution of the City Council. The contract must
ensure that at least 25% of the waste received is recycled, provided
that the economic and environmental impact of the proposed technology
used for the recycling receives prior approval from the Department
of Environmental Resources.
Persons who operate a municipal waste landfill,
resource recovery facility or transfer station under contract with
the City of Bradford shall establish at least one dropoff center at
a location designated by the City of Bradford by resolution of the
City Council for the collection and sale of at least four recyclable
materials. The four materials shall be chosen by the City Council
pursuant to a resolution from the following: clear glass, colored
glass, aluminum, steel and bimetallic cans, high-grade office paper,
newsprint, corrugated paper and plastics. The center shall be located
at the facility or in a place that is easily accessible to persons
generating municipal waste that is processed or disposed of at the
facility. Each dropoff center must contain bins or containers where
recyclable materials may be placed or temporarily stored. If the operation
of the dropoff center requires attendants, the center shall be open
at least eight hours per week, including four hours during evenings
or weekends, pursuant to a schedule established by resolution of the
City Council. Each operator shall, at least 30 days prior to the initiation
of the dropoff center program and at least once every six months thereafter,
provide public notice of the availability of the dropoff center. The
operator shall place an advertisement in a newspaper circulating in
the City of Bradford or provide notice in another manner approved
by the City Council.
On or before February 15 of each year, the City
of Bradford City Administrator shall submit a report to McKean County
which shall describe the weight or volume of materials that were recycled
by the municipal recycling program in the preceding calendar year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, other than a municipal official
exercising his official duties, who violates any provision of this
article, any resolution enacted hereunder, any order issued hereunder
or the terms or conditions of any contract awarded in the implementation
of this article commits a summary offense and, upon conviction, shall
be sentenced to pay a fine of not more than $1,000 or to imprisonment
for not more than 90 days, or both.
