[HISTORY: Adopted by the Borough Council of the Borough of Kane 6-3-1991 by Ord. No. A-879. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers and junkyards — See Ch. 156.
Property maintenance — See Ch. 192.
This chapter shall be known and referred to as the "Borough of Kane Solid Waste Ordinance."
A. 
Where the following words are used in this chapter, they shall have, unless the context clearly indicates otherwise, the meanings ascribed herein. 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 by Act 101:
ACT 97
The Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., the 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., the Municipal Waste Planning, Recycling and Waste Reduction Act, as amended, and all rules and regulations promulgated thereunder.
AUTHORITY
The McKean County Solid Waste Authority, the designated implementing agency for the McKean County Municipal Waste Management Plan.
BOROUGH
The Borough of Kane.
BULKY WASTE
Large items of solid waste including, but not limited to, appliances, furniture, large auto parts, trees, branches or stumps which may require 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.
COLLECTION VEHICLES
Any vehicle that is licensed by the McKean County Solid Waste Authority.
[Added 3-13-1995 by Ord. No. A-906]
CONTAINER
A portable device in which waste is held for storage or transportation.
COUNTY
The County of McKean or the McKean County Board of County Commissioners.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection (DEP).
[1]
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 to 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, as defined in Act 97, which because of its quantity, concentration or physical, chemical or infectious characteristics may: cause or significantly contribute to an increase in mortality or an increase in morbidity 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, but 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 McKean County Solid Waste Authority, as well as a license issued by the Borough of Kane pursuant to this chapter.
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 Kane, McKean County, 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 chapter which prescribe a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation of other legal entity having officers and directors.
PLAN
The McKean County Municipal 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 or processed as municipal waste, or the mechanical separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
RECYCLING FACILITY
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste, nor composting facilities or resource recovery facilities.
REFUSE
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, waste water 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. 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 Steams Law.
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.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to waste collection route vehicles.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In this chapter, 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 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 chapter 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 provisions of this chapter, Acts 97 and 101 and Ch. 106, Outdoor Burning of this Code of the Borough of Kane.
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 chapter 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 securing a license to do so in accordance with the provisions of this chapter.
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, public or private property within the borough except as provided in this chapter.
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 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 of free liquids before being placed in storage containers.
(2) 
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
(3) 
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 than 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 of 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/weatherproof.
(b) 
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
(c) 
Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons and a loaded weight of not more than 40 pounds.
(d) 
Disposable plastic bags or sacks are acceptable containers provided the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of not more than 30 gallons and a loaded weight of not more than 35 pounds.
(e) 
All containers, either reusable or disposable, shall also comply with the minimum standards 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 chapter 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 the winter months.
(6) 
With the exception of pick-up 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 6:00 p.m. on the evening prior to the scheduled 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 Borough Manager, said permit to be valid for 24 hours only. Any dumpster permitted to remain on any street, alley or right-of-way shall be clearly marked with the name of the owner and have sufficient reflecting devices installed to make the dumpster visible at night.
(9) 
Bulk waste items such as furniture, automobile parts, machinery, appliances and tires shall be stored in an 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 lunchroom or office waste sources is subject to the regulations and standards set forth in this chapter. 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 any 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 household and homeowners shall utilize the residential collection service, if any, provided by the borough, unless they can demonstrate that they have made alternative arrangements for the disposal of the waste which are consistent with this chapter, and with Acts 97 and 101.
C. 
All multifamily residential sources with more than four units, 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 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 with the name and address of any customer whose service is terminated for any reason within three days of such termination of service.
G. 
All municipal solid waste collection activity within residential areas shall be conducted from Monday through Saturday between the hours of 5:00 a.m. and 3:30 p.m., unless prior approval of any 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 of any equipment breakdown requiring exceptions to the licensing agreement; provided, however, that nothing contained herein shall be construed so as to require the granting of an exception or a waiver or suspension of any license condition or agreement, and the granting of a temporary exception or of a waiver of enforcement of any licensing provision shall be within the sole discretion of the Borough Manager, upon good cause shown.
[Amended 5-9-1994 by Ord. No. A-897]
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 McKean 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 watertight 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 vehicle.
(4) 
Collection vehicles for rubbish and other non- putrescible 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 between the hours of 3:30 p.m. and 5:00 a.m. in or adjacent to any residential area or within the Central Business District.
[Amended 5-9-1994 by Ord. No. A-897; 3-13-1995 by Ord. No. A-906]
A. 
The Borough Council shall be authorized to make funds available, in accordance with the laws and procedures of the borough, for the establishment, maintenance and operation of a municipal solid waste collection and disposal system; and it may authorize the provision of such services by private, independent, licensed collectors.
B. 
The maximum rate of charges to each household dwelling for the collection and disposal of solid waste shall be in accordance with a fee schedule approved from time to time by the borough.
C. 
The rate of charges to commercial, institutional, and industrial establishments for the collection and disposal of solid waste shall be in accordance with a fee schedule approved from time to time by the borough.
D. 
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 as provided herein. 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 licensed hereunder and by the Authority.
B. 
Application for a license shall be made, in writing, on a form prescribed by the borough and shall contain such information as Council may from time to time require, including the following:
(1) 
The name, address, telephone number and employer identification number of the applicant.
(2) 
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.
(3) 
A description of the type of waste to be collected, stored, transported or disposed of.
(4) 
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.
(5) 
Manner and method of collection.
(6) 
Frequency of collection.
(7) 
Point of collection.
(8) 
Evidence of licensure by the Authority.
(9) 
Proposed place and method of disposal for each type of waste.
(10) 
Rate schedule for each type of solid waste collection service.
(11) 
A list of the addresses of all current customers, within the Borough of Kane, of the applicant as of the date of application for the license.
[Added 11-10-2008 by Ord. No. A-988]
C. 
Each application shall be accompanied by such fee as Council may from time to time prescribe.
D. 
Each person licensed hereunder shall pay an annual license fee in an amount to be determined by Council, which fee shall be due and payable within 10 days of license approval, and prior to the commencement of operations under the license. Each license must be renewed on or before the first day of each calendar year subsequent to the date of issuance, by payment of the required annual license fee. There shall be no reduction in the amount of said license fee, or refund of any portion thereof, in the event that a licensee ceases operations, or operates during only a portion of the calendar year, or in the event that a license is revoked for cause shown hereunder or for any other reason. Any license granted hereunder shall be personal to the licensee, and shall not be subject to sale, assignment or other transfer without the consent of the borough.
E. 
The Council may, upon cause shown and after affording reasonable notice and an opportunity for a hearing, suspend or revoke the license 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 § 215-5H(1).
(4) 
Failure to maintain insurance or to otherwise comply with § 215-8, relating to required insurance.
(5) 
Failure to maintain premises as required by § 215-10.
(6) 
Any other failure to comply with the requirements of this chapter, or of Acts 97 and 101 and/or the Plan.
Each person licensed 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 licensee 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 such insurance naming the Borough of Kane as additional insured or loss payee, to the extent that its interest may appear, shall be presented at the time of application, and at any other time, upon request, to the Council or Borough Manager. Each person licensed hereunder shall immediately, upon receipt thereof, 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 licensed hereunder shall, as a condition of being granted a license hereunder, assume any and all liability for personal injuries, death and/or property damage caused to any person as a result of the acts or omissions of any such licensee or any of his or its officers, agents, or employees, and shall indemnify and hold harmless the Borough of Kane, 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 licensed 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 licensed person shall, upon request of the Council or Borough Manager, 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 a license hereunder shall be deemed to have consented to the entry upon and inspection at all reasonable times of any premises owned, leased, or otherwise occupied or to be 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 license 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 of rules and regulations of the Department of Environmental Resources promulgated thereunder or of the Municipal Waste Management Plan for McKean County.
[Amended 8-8-1994 by Ord. No. A-898]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $25, nor more than $1,000, or undergo imprisonment for a period not to exceed 90 days, or both; provided that each day during which a violation exists shall be considered a separate offense.