[4-6-2023 by Ord. No. 8439[1]]
This article shall be known as the "City of New Castle Municipal
Solid Waste Ordinance."
[1]
Editor's Note: This Ordinance also superseded former
Art. 950, City of New Castle Municipal Solid Waste, adopted 12-12-2019
by Ord. No. 8312.
[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]
(a)
It is the intent and purpose of this article to promote the public
health, safety and welfare, and to eliminate public health hazards,
environmental pollution, and economic loss associated with municipal
solid waste accumulated or stored upon any property within the City.
(b)
City of New Castle, recognizing that the reclamation of recyclable
materials and the composting of leaf waste has become an important
method for addressing the growing solid waste disposal problem through
conservation of landfill space, preservation of natural resources,
and a reduction in energy consumption, does hereby authorize the storage,
collection, transportation and processing of municipal solid waste,
recyclable materials and leaf waste in accordance with the provisions
of the Municipal Waste Planning, Recycling and Waste Reduction Act,
Act of July 28, 1988, P.L. 528, No. 101[1] ("Pennsylvania Act 101") the Lawrence County Solid Waste
Management Plan, and this article.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(c)
This article is intended to be an integral part of an overall system
designed to facilitate recycling and waste minimization and foster
the cooperation of the residents and businesses by providing that
all residential, commercial, industrial, and institutional waste shall
be collected, transported, and disposed of within the following conditions:
(1)
For the purpose of municipal waste, source-separated recyclables
and leaf waste collection, all developed residential properties, except
as exempted herein, shall participate and be served by a hauler through
an exclusive contract with the City to the extent provided by this
article. Fees for residential service shall be established by agreement
between the City and the hauler and may be amended by resolution,
from time to time, consistent with said agreement. All commercial,
industrial and institutional establishments shall be served by a hauler
with which they contract directly.
(2)
Haulers collecting municipal solid waste shall be authorized
by the Commonwealth of Pennsylvania.
(3)
All municipal solid waste shall be disposed of at a facility
designated in the Lawrence County Municipal Solid Waste Management
Plan and in accordance with state, federal, and county laws and ordinances.
(4)
Source-separated recyclables and leaf waste shall be managed
in accordance with Pennsylvania Act 101 and the Lawrence County Municipal
Solid Waste Management Plan and shall not be collected and removed
for disposal at a landfill.
(5)
These conditions are established to ensure City compliance with
Pennsylvania Act 101 and the Lawrence County Municipal Solid Waste
Management Plan.
[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;
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.[1]
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.
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.
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[2] now or as may be amended.
A ninety-five-gallon wheeled cart used to store municipal
solid waste or recyclables for collection.
The City of New Castle, a body corporate and politic, existing
and operating under the laws of the Commonwealth of Pennsylvania.
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.
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.
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).
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.
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.
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.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
Waste building materials resulting from construction, remodeling,
repair, or demolition operations.
A metal or plastic receptacle used for municipal solid waste
and/or recyclables collection.
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.
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.
A structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
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:
COVERED COMPUTER DEVICEA desktop or notebook computer or computer monitor or peripheral, marketed and intended for use by a consumer.
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.
PERIPHERALA keyboard, printer or any other device sold exclusively for external use with a computer that provides input into or output from the computer.
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.
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.
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.
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.
A watertight, all-metal container, not less than 3/4 cubic
yards in capacity and equipped with a tight-fitting metal or plastic
cover. The term shall also apply to containers of other material of
similar size when approved by the City.
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.
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.
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.
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.
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.
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.[4]
A person or municipality that produces or creates a municipal
solid waste.
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.
Waste designated as hazardous by the United States Environmental
Protection Agency or the Pennsylvania Department of Environmental
Protection.
A biological, adoptive, half or step, parent, child or sibling.
Any establishment engaging in manufacturing or processing
including, but not limited to, factories, foundaries, mills, processing
plants, and refineries.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities.
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.
A liquid that has permeated through or drained from solid
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.
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.
The transfer of ownership of recyclable materials for the
purpose of recycling the materials into a new product or use.
Structures for residential living consisting of four or less
attached units.
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.
A comprehensive plan for an adequate municipal waste management
system in accordance with Chapter 272, Subchapter C (relating to municipal
waste planning).
See "municipal solid waste."
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.
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.
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.
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.
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.
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.
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.
Discarded waste materials in a solid or semiliquid state,
consisting of garbage, rubbish or a combination thereof.
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.[5]
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.
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.[6]" 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[7]" (Pennsylvania Act 101, Section 103).
See "municipal solid waste."
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
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."
All single-family homes, and multifamily dwellings of four
units or less. It also means facilities owned and/or operated by the
City.
The total cost, for customers, per month of collection service
for municipal solid waste, leaf waste, and recyclable materials.
The following categories of materials are considered unacceptable
for collection and disposal as municipal solid waste:
Hazardous waste.
Residual waste.
Unsterilized or unprocessed infectious or pathological waste.
Chemotherapeutic waste.
Gas cylinders.
Explosives and ordinance materials.
Liquid waste (i.e. containing less than 20% solids by weight
or flowable).
Drums, barrels, and buckets unless lids have been removed and
interiors cleaned and free of any residue.
Radioactive materials.
Any solid waste generated outside of the City.
Automotive parts, including tires.
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.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[2]
Editor's Note: See 35 P.S. § 6031.101 et seq.
[3]
Editor's Note: See 35 P.S. § 6031.101 et seq.
[4]
Editor's Note: See 35 P.S. § 6031.101 et seq.
[5]
Editor's Note: See Title 3, Zoning Ordinance.
[6]
Editor's Note: See 52 P.S. § 30.51 et seq.
[7]
Editor's Note: See 35 P.S. § 691.1 et seq.
[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]
(a)
Storage. Municipal waste, recyclables and leaf waste accumulated by owners of residential properties and/or the occupants of residential properties shall be placed in closed or covered carts or City bags for collection by the City's exclusive contractor. Use of detachable containers at multifamily establishments shall comply with the provisions of this article and all other applicable ordinances of the City. An owner or agent of an owner of a property comprised of multifamily dwelling(s) of more than four units shall be required to provide collection and disposal services in the manner required of commercial, industrial and institutional properties as set forth in § 950.08.
(b)
Curbside collection time and responsibility for spillage.
(1)
Residents shall place municipal waste in a bag; and leaf waste
in compostable bag; and recyclables in a container, curbside for collection
in enough time to permit collection on the day of collection.
(2)
The collection course and the schedule of collection days shall
be determined by the City's exclusive contractor. Residents shall
prevent the spillage of any solid waste material placed at the curb
for collection, and shall be responsible for the cleanup of any spilled
municipal waste and/or recyclables and/or leaf waste prior to the
collection by the City's exclusive contractor.
(c)
Preparation for curbside collection.
(1)
Solid waste. All municipal waste shall be in City bags or a
cart, except as provided herein, and placed at the curbside at a location
not to exceed four feet from the curb or edge of the roadway, on a
level spot on the dwelling unit's property, so as to not block
or interfere with the street right-of-way or public place, and with
a distance of at least one foot between carts. Filled City bags placed
at curbside for collection shall not exceed 40 pounds.
(2)
City bags shall be tied at the top to prevent the spillage of
any municipal waste.
(3)
Recyclables. Recyclables shall be placed unbagged directly in
a container supplied by the City or other container and placed at
the curb within four feet of the curb or edge of roadway, on a level
spot on the dwelling unit's property and in such a manner to
not interfere or block the street right-of-way or public space, recycling
containers placed at curbside for collection shall not exceed 40 pounds.
(4)
Leaf waste. Leaf waste may be placed at the curb for collection
in a in a compost bag. The compost bag, when filled, shall not exceed
40 pounds when placed at the curb for collection. The compost bag
shall be placed within four feet of the curb or edge of roadway, on
a level spot on the dwelling unit's property, and in such a manner
as to not interfere or block the street right-of-way or public space.
(5)
Special Christmas tree collection. Natural Christmas trees will
be collected at the curb for two weeks following the Christmas holiday,
with the exact dates to be determined by the City. Natural Christmas
trees may be placed at the curb, subject to the same placement requirements
as leaf waste and cut so that the branching spread is not more than
four feet across and pieces of the trunk are no more than six feet
in length.
(d)
Ownership and care of carts, and recycling containers. The carts,
when purchased from the City's exclusive hauler, are the property
of customer. Customers shall exercise reasonable care and custody
of the carts and shall only utilize the carts for the purposes of
collection and disposal of solid waste. Customers shall maintain the
carts in a sanitary condition at all times. If the City provides recycling
containers, said containers shall be and remain property of the City.
Customers shall exercise reasonable care and custody of the containers
and shall only utilize them for the purposes of collection and disposal
of recyclables. Customers shall maintain the containers in a sanitary
condition at all times.
(e)
City bags. City bags shall be sold exclusively by the City's
exclusive hauler, or its designated agents, and utilized by the customer
for the curbside collection of all municipal solid waste that does
not fit into a cart and/or for use by customers that do not purchase
a cart.
(f)
Bulky items, white goods and large items. Customers may make arrangements
and pay to the City's exclusive hauler, a fee for the collection
of bulky items, white goods and large items, which shall be placed
within four feet of the curb or edge of roadway, on a level spot on
the dwelling unit's property, and in such a manner as to not
interfere or block the street right-of-way or public space.
[4-6-2023 by Ord. No. 8439]
(a)
Containers. Municipal waste, recyclables and leaf waste accumulated
on commercial, industrial and institutional properties shall be stored
in containers or detachable containers.
(b)
Securing material for collection. Commercial, industrial and institutional
properties storing recyclables outside of containers shall tie the
material securely in bundles of a size that can be readily handled
for collection, and in a manner that minimizes litter, safety hazards
and fire hazards.
(c)
Location of containers. Detachable containers for the storage and
collection of municipal waste, recyclables and leaf waste at commercial,
industrial, or institutional properties shall be located on the customer's
premises, which location, and buffering, if required, shall comply
with zoning or other applicable municipal requirements for the location
of such containers. Such locations shall not interfere with public
or private sidewalks, walkways, driveways, roads, streets, highways,
alleys, or entrances and exits of public or private buildings.
(d)
Collection. All owners and occupants of commercial, industrial and
institutional properties shall provide for the regular collection
and removal of municipal waste, recyclables and leaf waste from the
property through a contract with a commercial hauler.
(e)
Containers. All property owners and/or organizers of community activities
shall provide containers for the storage and collection of municipal
waste and make proper arrangements for such collection.
[4-6-2023 by Ord. No. 8439]
(a)
Separation of recyclables. Recyclables shall be kept separate from
and dispose of separately from municipal waste and leaf waste.
(b)
Commercial, industrial institutional property. A non-occupant owner,
or agent of an owner, of a commercial, industrial or institutional
property shall be deemed to have complied with its separation responsibilities
if it establishes a collection system at each property for the separation
of recyclables from municipal waste and transportation to a recycling
facility.
(c)
Community activities. All property owners and/or organizers of community
activities shall be deemed to have complied with its separation responsibilities
if it establishes a collection system at each property/event for the
separation of recyclables and provides for its collection and transportation
to a recycling facility.
(d)
Residential. Residential properties shall be deemed to have complied
with their separation responsibilities by excluding recyclables from
their municipal waste and placing them at the appropriate location
for collection.
(e)
Collection.
(1)
For residential properties, all recyclables shall be placed
at the curbside as specifically provided herein.
(2)
For commercial, industrial and institutional properties, all
recyclables shall either be delivered directly to a recycling center
or shall be collected by a commercial hauler separately from municipal
waste on a regular basis. The County's Big Blue Bin dropoff program
is not a recycling facility. Such properties shall not place recyclables
at the curbside for collection; such curbside collection being intended
solely for the placement of recyclables generated in residential properties.
(3)
All property owners and/or organizers of community activities
shall provide containers for the storage and collection of recyclable
materials and make property arrangements for such collection.
(4)
All commercial haulers shall transport collected recyclables
to a recycling facility and recyclables shall not be commingled, during
collection or otherwise, with municipal waste or leaf waste.
(5)
Collection donation of materials. Any person may deliver, donate
or sell recyclables to individuals or organizations prior to placement
at curbside.
[4-6-2023 by Ord. No. 8439]
(a)
Separation. All residential customers and commercial, industrial,
or institutional establishments who gather leaf waste shall separate
all leaf waste from municipal solid waste and recyclables and place
it for collection and transport to an appropriately permitted composting
facility.
(b)
Use of compost. Nothing in this article shall require any person
to gather leaf waste or prevent any person from utilizing leaf waste
for compost, mulch or other agricultural, horticulture, silviculture,
gardening and/or landscape purposes.
(c)
Commercial landscaping. Nothing contained herein shall prohibit a
commercial landscaping company from removing leaf waste, for the purpose
of composting, from the properties which it services.
(d)
Residential leaf waste. All separated residential leaf waste generated
properties subject to curbside collection shall place leaf waste as
specifically provided herein.
(e)
Permitted facility. Leaf waste separated from municipal waste and
collected by a commercial hauler shall be delivered to a leaf waste
composting facility, that has a current and valid permit/approval
by the Pennsylvania Department of Environmental Protection or other
regulatory agency with equivalent solid waste permitting authority.
(f)
Residential curbside collection. For residential properties eligible
for curbside collection of leaf waste, the City's exclusive hauler
shall provide collection of leaf waste twice per year for two weeks
in the spring and six weeks in the fall. Leaf waste will be collected
biweekly on the alternating weeks as recycling. During the remainder
of the year, rolloff container will be located at a City facility
to be used for the collection of leaf waste. The City shall determine
the hours of manned operation to monitor public access and prevent
contamination. Curbside Christmas trees collection will occur beginning
the first full week in January and continue for two weeks.
[4-6-2023 by Ord. No. 8439]
(a)
Commercial haulers. It shall be unlawful for any person other than
persons authorized by the Commonwealth of Pennsylvania, or its designee,
as a regular hauling business, collecting, transporting and/or and
disposing of all residential municipal solid waste, recyclables, leaf
waste, Christmas trees, bulky items, large items, and white items,
within City of New Castle collect, except as specifically provided
herein. A person who has obtained authorization from the Commonwealth
of Pennsylvania under the Waste Transportation Safety Act (Pennsylvania
Act 90) authorizing said person to collect, transport, and or dispose
of municipal solid waste, and bulky waste from residential, commercial,
industrial, and institutional establishments shall be considered a
commercial hauler. A person that is not required to obtain authorization
issued under the Waste Transportation Safety Act (Pennsylvania Act
90)[1] and/or a person that collects, transports, and or processes
only source-separated recyclables from residential, commercial, industrial,
and institutional establishments must request permission, in writing
to the City, to operate within City of New Castle to be considered
a commercial hauler permitted to collect from commercial, industrial,
institutional users and community events.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
(b)
Exclusive contract with City. The City or its designated agent may,
through a competitive bidding process, award an exclusive service
contract to a commercial hauler for all or part of the collection,
transportation, processing and disposal of residential municipal waste,
leaf waste, recyclables, bulky items, large items, white goods, from
the City. Any other commercial hauler that provides residential collection,
transportation, processing and disposal of residential municipal waste,
leaf waste, recyclables, bulky items, large items, white goods, from
the City shall violate this article and shall be subject to the penalties
provided for in this article and/or otherwise authorized by the laws
of the Commonwealth of Pennsylvania or the City.
(c)
Commercial recycling services. All commercial haulers must include
recycling as part of the municipal waste collection services provided
to each commercial or multifamily dwelling location to the extent
required by this article.
(d)
Reporting. On or before January 30 of each year, all commercial haulers
operating in the City shall submit a report to the City, on forms
developed by the Pennsylvania Department of Environmental Protection
which documents the weight or volume of materials that the commercial
hauler collected for recycling within City.
[4-6-2023 by Ord. No. 8439]
(a)
Commercial hauler. Except as specifically provided herein, it shall
be a violation of this article for any person(s) other than a commercial
hauler to collect, remove or transport or cause to be collected, removed
or transported any municipal waste, recyclables and leaf waste. Each
such collection in violation hereof shall constitute a separate and
distinct offense punishable as provided for in this article.
(b)
Exclusive hauler. Only the City's exclusive hauler shall collect,
transport, process and/or dispose of solid waste, recyclables and
leaf waste from residential customers in the City. Each such collection
in violation hereof shall constitute a separate and distinct offense
punishable as provided for in this article.
(c)
Commercial, industrial, institutional, community events and multifamily
dwellings. Commercial haulers, including the City's exclusive
hauler, may offer collection and disposal services to the owners and/or
tenants of commercial, industrial, institutional, and multifamily
dwellings and for community events.
(d)
Property of City. Any municipal waste, recyclable and leaf waste
located at the curbside is the property of the City until collected
by the City's exclusive contractor.
(e)
Dropoff or storage containers. Any recyclable deposited at dropoff
sites, or in containers associated with residential dwellings, is
the property of the City until collected by the City's exclusive
contractor.
(f)
Nonresidential storage containers or detachable containers. Any municipal
waste recyclables and leaf waste deposited in containers or detachable
containers at commercial, municipal, industrial and institutional
establishments is the property of the establishment unless such establishment
agrees that ownership is transferred to the commercial hauler when
the material is collected.
(g)
Lawrence County containers. Recyclable material deposited in containers
owned or contracted by the Lawrence County Recycling/Solid Waste Department
is the property of the County.
(h)
Scavenging. Scavenging or pilfering of municipal waste, recyclables
and/or leaf waste shall constitute a violation of this article.
[4-6-2023 by Ord. No. 8439]
(a)
Spillage. Any person transporting municipal waste, recyclables or
leaf waste within the City shall prevent or remedy any spillage from
vehicles or containers used in the transport of such material.
(b)
Vehicle markings. Commercial haulers shall collect refuse in vehicles
which are suitable for such collection, which are dedicated for use
in performance of such collection, and which bear prominent legible
marking, signs, or decals identifying them as being municipal solid
waste collection vehicles, and shall identify the name and phone number
of the commercial hauler.
(c)
Vehicle conditions. All vehicles used for the transportation of municipal
waste, recyclables and/or leaf waste shall be securely covered, watertight,
strongly built, and kept thoroughly cleaned and well-maintained. Except
for rolloffs, which must be tarped, open trucks shall not be used
for the collection of municipal waste.
(d)
Vehicle transfers. The transfer of municipal waste, recyclables and/or
leaf waste from one collection vehicle to another may not take place
within the City, except as authorized on private property. No such
transfer may take place on any public right-of-way and no such transfer
operation shall block traffic, create litter or in any other manner
constitute a nuisance create a health hazard or violate any other
ordinance of the City or provision of statutory law.
[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]
(a)
Transportation and disposal. Bulky items and white goods shall be
disposed of in accordance with the Lawrence County Municipal Solid
Waste Management Plan at a permitted disposal facility, a facility
specially designated by the City to take such items, or a legitimate
salvage dealer that is in the business of disposing of or recycling
such items. Bulky items and white goods shall be transported and secured
in an appropriate vehicle appropriate to the type of to prevent spillage,
accidental loss, or shifting of the items.
(b)
Non-solid-waste business-related transportation. Nothing contained
herein shall be deemed to prohibit any person not regularly engaged
in the business of collecting municipal waste from hauling bulky items
to a state permitted disposal facility or to a disposal facility as
designated by the Lawrence County Municipal Solid Waste Management
Plan and in accordance with the regulations of the disposal facility.
[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]
(a)
Hazardous/residual waste. The provisions of this article apply only
to the storage, collection, transportation, and disposal of municipal
waste, recyclables, and leaf waste and do not apply therefore, to
hazardous or residual waste as defined by the Pennsylvania Solid Waste
Management Act[1] and its amendments. All hazardous or residual waste must
be disposed of in compliance with applicable City, state, and federal
laws and regulations as may be in effect or subsequently imposed.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(b)
Construction/demolition waste. Nothing contained herein shall be
deemed to prohibit any person not regularly engaged in the business
of collecting municipal waste from hauling self-generated construction
and demolition waste to a state permitted disposal facility or to
a disposal facility as designated by the Lawrence County Municipal
Solid Waste Management Plan in accordance with the regulations of
the disposal facility.
(c)
Residential customer exclusions. Residential property owners may
be excluded from the curbside collection requirements of this article
if they are an employee or immediate family member of an owner of
a commercial, industrial or institutional business or entity which
has a contract for solid waste and/or recycling collection service
with a commercial hauler and said owner of a commercial, industrial
or institutional business or entity has given written permission for
said residential property owner to dispose of municipal solid waste
and/or recyclables at said commercial, industrial or institutional
business or entity's property. Said residential property owners
shall apply annually for an exclusion pursuant to the provisions of
this subsection on a form provided by the City, that certifies compliance
with the provisions for exclusion, together with a copy of the written
agreement between the owner of the commercial, industrial or institutional
business or entity and the commercial hauler. The residential property
owner shall remain responsible for compliance with all other provisions
of this article.
(d)
Placement exemptions. The City may grant exceptions to the placement
of municipal waste, recyclables and leaf waste at the curbside to
residences occupied solely by persons with physical limitations. For
the purpose of this subsection, "physical limitation" means any illness,
injury, incapacity or other physical handicap which prevents the person
from placing municipal waste at the curb.
(1)
Exceptions. The City may grant exceptions to the placement of
municipal waste, recyclables and leaf waste at the curbside when the
City has determined it is not physically possible to place those items
at the curbside, at such time the City will identify the alternative
placement location.
(2)
Other exceptions. Residential property owners, who do not fit
within Subsections (c) or (d) above may request backyard collection
service of municipal waste only. Such backyard collection service
shall be limited to one cart or two City bags. An additional fee shall
be charged for such backyard collection service.
[4-6-2023 by Ord. No. 8439; 7-13-2023 by Ord. No. 8445]
(a)
Mandatory participation. Unless otherwise exempted under this article,
every owner, tenant, or occupant of developed residential property,
except multifamily dwelling units of five or more not individually
owned, within the City shall pay, each quarter, a base collection
rate for solid waste, recyclables, leaf waste, and Christmas tree
collection services to the City's exclusive hauler in an amount
and in the manner as determined by the exclusive contract. As an alternative,
and if permitted by the exclusive contract, customers may purchase
and place City bags for collection.
(b)
The exclusive contract shall establish fees for disposal of large
items, bulky items or white goods placed at the curb for collection.
(c)
Each residential dwelling unit may place an unlimited amount of recyclables
in containers, or leaf waste during designated collection times in
composting bags, at the curb, for no additional disposal charge.
(d)
The City may, by separate legislative action, make exceptions for
the temporary exclusion of mandatory participation in the collection
of solid waste for temporarily unoccupied properties.
(e)
All bills for collection services will be rendered prior to the service
period.
(1)
All bills shall be due and payable upon the date of presentation
and, if not paid within 35 days after that date, a penalty of 10%
shall be added to such bills. Acceptance or remittance of bills on
the last day of this thirty-five-day period shall be determined as
evidenced by the postmark of the United States Postal Service.
(2)
Delinquent accounts and discontinuance of service. The City's
exclusive hauler may discontinue service for nonpayment of service
fees and shall not be responsible for collecting any items from said
customer.
(3)
Delinquent accounts shall not be eligible to purchase services
for collection of solid waste, recyclables, leaf waste, bulky items,
large items, white goods, and Christmas trees until their account
is paid in full.
(4)
Charges. All service fees for the collection of municipal waste,
recyclables, leaf waste, bulky items, large items, white goods, and
Christmas trees shall be established pursuant to the exclusive contract.
[4-6-2023 by Ord. No. 8439]
(a)
Mandatory participation. It shall be the duty and responsibility
of every owner of property, every place of business within the City,
and the organizer of any community activities where municipal waste
is produced and is accumulated to contract with a commercial hauler
for solid waste, recyclables, and leaf waste collection services required
by this article.
(b)
Commercial, industrial and institutional establishments. Commercial,
industrial, and institutional establishments shall submit annually,
a written report to the City which contains the following information
concerning compliance to the recycling requirements of this article:
(1)
Commercial/industrial or institutional name, address, telephone
number, contact person and owner's name.
(2)
Company name, address, telephone number, and contact person
for entity providing the recycling service.
(3)
Description of materials recycled, frequency of collection,
method of storage and end market.
(4)
Weight slips or other certification which show by weight and
type of material recycled. If weigh slips are not used, the form of
certification requires the prior approval of the City.
(5)
Form of certification to assure proper processing/marketing
of recyclable materials.
(6)
Other information as may be required by the City agent which
may be required to assure the proper disposition of recyclable materials.
(7)
Copy of the current service agreement for the collection, transport
and processing of recyclable materials.
(8)
Required information is due within 60 days of the end of the
reporting period, which is the end of the calendar year.
[4-6-2023 by Ord. No. 8439]
Nothing contained herein shall prohibit a commercial establishment from processing and marketing its own recyclables. Such establishments must still comply with the provisions of § 950.21.
[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]
(a)
Removal of accumulation of solid waste. In addition to the foregoing
penalty, the City may require the owner of a property to remove any
accumulation of municipal waste and should said person fail to remove
such municipal solid waste after five days following written notice,
the City may cause the solid waste to be collected and disposed of
with the cost for such action to be charged to the owner of the property.
(b)
Separate offenses. Nothing contained in this article shall affect,
in any way, the provisions of this article regarding separate offenses
for every day any violation occurs.
[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.
