[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.
- DWELLING UNIT
- 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]
- YARD WASTE
- 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]
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]
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]
The collection and disposal of refuse in the City of Bradford shall be under the supervision of the City Clerk. 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 Clerk to the City Council, which may confirm, modify or revoke any such regulations.
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 Clerk 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.
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.
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]
Separation of refuse. Garbage, ashes and rubbish shall each be placed and maintained in separate containers.
Preparation of refuse.
All garbage, before being placed in garbage cans for collection, shall have drained from it all free liquids and may be wrapped in paper.
All rubbish shall be drained of liquid before being deposited for collection.
All cans and bottles which have contained food shall be thoroughly rinsed and drained before being deposited for collection.
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.
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]
Garbage receptacles shall be made of metal or durable synthetic material, must be watertight and shall be provided with a tight-fitting cover.
No person shall use for the reception of garbage any receptacle having the capacity of more than 20 gallons.
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.
Ash receptacles shall be of metal and have a capacity of not more than 20 gallons.
Rubbish receptacles shall be of a suitable kind which can be easily handled by one man.
Provision and maintenance.
All refuse receptacles shall be provided by the owner, tenant, lessee or occupant of the premises.
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.
Storing of refuse.
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.
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.
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.
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 Clerk and an additional payment for the extra service is agreed upon by both parties.
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]
Frequency of collection.
Refuse shall be collected at least once each week.
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 Clerk may require that more frequent collections be made.
Limitation on quantity.
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 Clerk may refuse to collect unreasonable amounts or may make an additional charge for such amounts.
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 Clerk may determine. The City Clerk may refuse to collect unreasonable amounts or may make an additional charge for such amounts.
Special refuse problems.
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.
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 Clerk at the expense of the owner or possessor thereof.
A fee of $35 per item 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]
A fee of $6 per item shall be charged for the disposal of large furniture items, including couches, chairs, mattresses and/or 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]
[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; amended 12-30-2008 by Ord. No. 2801.23; 12-22-2009 by Ord. No. 2081.24]
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 four bags per week), is set at $21 per month for each dwelling unit as described in § 184-1.
[Amended 12-13-2011 by Ord. No. 2801.25; 12-23-2014 by Ord. No. 2801.27; 11-26-2019 by Ord. No. 2801.31]
An excess-bag fee of $1.50 per bag will be charged on accounts that continually exceed the four-bag average.
The City, at its discretion, may provide, at no cost, municipal dumpsters to certain apartment buildings, multifamily dwellings, dwelling groups, group homes and domiciliary homes, etc. Those properties will henceforth be subject to the residential housing refuse rate set forth in Subsection A which is currently $20 per month for each dwelling unit.
Commercial lodging (includes all hotels, motels, bed-and-breakfasts and rooming houses):
The fee for one weekly pick up of garbage and rubbish (average of four bags per week) is $21 per month. If additional pickups are required, the fees are:
[Amended 11-26-2019 by Ord. No. 2801.31]
An excess bag fee of $1.50 per bag 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.
[Amended 2-24-2015 by Ord. No. 2801.28]
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.
The base fee for one weekly pickup of garbage and rubbish (average four bags per week) is $21 per month.
[Amended 11-26-2019 by Ord. No. 2801.31]
If additional weekly pickups are required, the base fees are:
An excess bag fee of $1.50 per bag will be charged on accounts exceeding the average of four bags per week for pickup. The fee will be calculated and adjusted annually to establish a monthly rate for each account.
[Amended 2-24-2015 by Ord. No. 2801.28]
If municipal waste dumpsters are utilized by commercial accounts, the dumpster fees shall apply.
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 Clerk by the owner(s) of record.
Municipal waste dumpster:
The rental fee for municipal waste dumpsters is as follows for each dumpster size:
A one-time late fee in the amount of 10% of the total monthly bill will be added to any residential or industrial hauling account that is not paid by the due date. All accounts are due and payable anytime during the current month and are considered delinquent on the first of the following month.
[Added 12-11-2016 by Ord. No. 2801.30]
Editor's Note: This ordinance also redesignated former Subsection G as Subsection H.
[Amended 6-14-2016 by Ord. No. 2801-29]
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 to current status.
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.
Any delinquent account that is turned over for collection, whether to an agency or the City Solicitor, shall incur additional interest and penalties in the amount of 35% of the total amount turned over for collection. 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 and legal costs.
[Amended 12-11-2016 by Ord. No. 2801.30]
[Amended 6-11-1974 by Ord. No. 2929; 11-22-1988 by Ord. No. 2801.3; 6-16-1989 by Ord. No. 2801.4]
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 Clerk under the provisions hereof, upon conviction thereof before the District Justice, shall be subject to a penalty for a first offense of not less than $100 nor more than $600 or to imprisonment for not more than 90 days, or both; upon conviction thereof before the District Justice for a second offense, he or it shall be subject to a penalty of at least $200 and not more than $600 or to imprisonment for not more than 90 days, or both; and upon conviction for a third or greater offense thereof before the District Justice shall be subject to a penalty of at least $300 and not more than $600 or to imprisonment of 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.
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
It is the purpose of this Article to:
Require waste reduction and recycling as a means of managing municipal waste, conserving resources and supplying energy.
Protect the public health, safety and welfare from the short- and long-term dangers of collection, transportation, processing and storage of municipal waste.
Utilize, wherever feasible, the capabilities of private enterprise in accomplishing the desired objectives of an effective, comprehensive solid waste management program.
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.
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.
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.
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.
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.
- AVERAGE DAILY VOLUME
- The mean daily volume received at a facility, taking into account weather, seasonal variations, scheduled community cleanup days and other factors.
- COMMONWEALTH AGENCY
- 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.
- DEGRADABLE PLASTIC BEVERAGE CARRIER
- 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 Environmental 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.
- FEASIBILITY STUDY
- 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.
- HOST MUNICIPALITY
- The municipality, other than the county, within which a municipal waste landfill or resource recovery facility is located or is proposed to be located.
- A. Counties, cities, boroughs, towns, townships, school districts and any other authority now in existence or hereafter created or organized by the commonwealth.
- B. 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.
- C. 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.
- MUNICIPAL RECYCLING PROGRAM
- 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.
- 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 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.
- MUNICIPAL WASTE LANDFILL
- 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 BEVERAGE CARRIER
- 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.
- POSTCONSUMER MATERIAL
- 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.
- PROJECT DEVELOPMENT
- 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.
- PUBLIC AGENCY
- Any commonwealth agency or local public agency.
- RECYCLED CONTENT
- 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.
- 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 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.
- RESIDUAL WASTE
- Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials, resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term shall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act." The term shall not include treatment 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." 
- 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. 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:
- A. Any composting facility.
- B. Methane gas extraction from a municipal waste landfill.
- C. Any separation and collection center, dropoff point or collection center for recycling or any source-separation or collection center for composting leaf waste.
- D. Any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day.
- SOLID WASTE
- 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.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- 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.
- WASTE REDUCTION
- Design, manufacture or use of a product to minimize weight of municipal waste that requires processing or disposal, including but not limited to:
- YARD WASTE
- Leaves, grass clippings, garden residues, shrubbery and tree
trimmings and similar material.[Added 5-27-2014 by Ord. No. 3128.1]
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."
Editor's Note: See 52 P.S. § 30.51 et seq.
Editor's Note: See 35 P.S. § 691.1 et seq.
Editor's Note: See 35 P.S. § 6018.101 et seq.
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 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.
Editor's Note: See 53 P.S. § 4000.1111.
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 and the regulations promulgated pursuant thereto.
Editor's Note: See 53 P.S. § 4000.101 et seq.
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. The source-separation and collection program shall include the following regulations:
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]
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.
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.
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:
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.
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.
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 Clerk 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 Clerk 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.
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 shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $1,000 and costs and, in default of the payment of such fine and costs, to undergo imprisonment for not more than 30 days.