This Part 2 shall be known and referred to as the "Solid Waste Ordinance."
For the purpose of this Part 2, the following words and phrases shall have the meanings respectively ascribed to them by this section:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).
Poultry and livestock manure or residual materials in liquid
or solid form generated in the production and marketing of poultry,
livestock, fur-bearing animals and their products, provided that such
waste is not a hazardous waste. The term includes the residual materials
generated in producing, harvesting and marketing of all agronomic,
horticultural, silvicultural and agricultural crops or commodities
grown on what are usually recognized and accepted as farms, forest
or other agricultural lands.
Residue from fires used for cooking and heating and on-site
incineration.
Large items of solid waste, including but not limited to
appliances, furniture, trees, branches or stumps, which may require
special handling due to size, shape or weight.
The City of Coatesville.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings
or restaurants, shopping centers and theaters.
All municipal and residual waste, building materials, grubbing
waste and rubble resulting from construction, remodeling, repair and
demolition operations on houses, commercial buildings and other structures
and pavements.
The City Council for the City of Coatesville.
The Pennsylvania Department of Environmental Protection (DEP).
[Amended 3-25-1996 by Ord. No. 1012-96]
The incineration, disposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner such that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or discharged to the
waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
A bulk storage container for garbage and other waste materials
that can be hauled directly to the point of disposal or emptied into
a large compactor-type truck or other conveyance for disposal.
Any waste parts of food, from a market or kitchen, or any
animal or vegetable matter that is discarded and/or thrown away or
any worthless or offensive matter that has been discarded.
Any person, firm, copartnership, association or corporation
which as been registered with the City or its designated representative
to collect, transport and dispose of refuse for a fee herein prescribed.
[Amended 6-23-20014 by Ord. No. 1433-2014]
Any solid waste or combination of solid wastes, as defined
in the Act, 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 morbidity in either an individual or 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.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
Any discarded trash, garbage or rubbish, as defined in this section, and all other waste materials, which, if thrown or scattered about in a careless manner or lying about in disorder as prohibited in this Part 2, is determined to be a nuisance to the safety, health, cleanliness and comfort of the inhabitants of the City.
Three or more dwelling units, each accommodating one or more
families living wholly or partly over another or other units.
Garbage, refuse, industrial lunchroom or office waste and
other materials, 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 or air-pollution control facility. The term does not
include source-separated recyclable materials.
Any individual, partnership, corporation, association, institution, cooperative enterprise, 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 Part 2 prescribing a fine, imprisonment or penalty or any combination of the foregoing, the term "person" shall include but not be limited to transfer facilities, composting facilities and resource-recovery facilities.
Any dwelling, house, building, structure or vacant lot designed
or used, either wholly or in part, for private residential purposes
or place of business, whether inhabited, occupied or temporarily or
continuously uninhabited or vacant, and shall include any yard, grounds,
walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling, house, building or other structure.
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 such waste materials for off-site refuse. "Processing"
facilities include but are not limited to transfer facilities, composting
facilities and resource-recovery facilities.
Any street, sidewalk, highway, alley or other public way
and any public park, square, space, ground or building.
All solid waste materials which are discarded as useless.
A person who is in possession of all pertinent permits and
registrations which may be required by the City for the collection,
transportation, storage or disposal of solid waste, trash, garbage,
rubbish, ashes, bulk wastes and trade wastes.
[Amended 6-23-20014 by Ord. No. 1433-2014]
Any garbage, refuse, other discarded materials 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 "residual
waste" shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act.[1] "Residual waste" 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 Clean Streams Law.[2]
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bottles, bedding, crockery
and similar items.
The unauthorized and uncontrolled removal of materials placed
for collection or from a solid waste processing or disposal facility.
Any coarse screening, grit and dewatered or air-dried sludge
from sewage treatment plants and pumping from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
Those materials separated at the point of origin for the
purpose of being recycled.
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.
The off-site removal of any solid waste at any time after
generation.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
All putrescible and nonputrescible solid wastes (except body
waste), including garbage, rubbish, ashes, street cleaning, dead animals,
abandoned vehicles and solid and industrial waste which causes danger
to the health, safety and welfare of any resident or business owner.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a street, including devices used
exclusively upon stationary rails or tracks.
Includes all categories of materials to be disposed of, excluding
garbage.
A.
It shall be unlawful for any property owner or occupant of any property to accumulate or permit to accumulate upon any public or private property within the City garbage, rubbish, bulk waste or any other municipal or residual solid waste, including agricultural waste, domestic waste, animal waste and hazardous waste, except in accordance with the provisions of this Part 2 and the rules and regulations of the Chester County Department of Health.
D.
It shall be unlawful for any property owner or occupant of any property to haul, transport or remove any solid waste or other wastes enumerated on Subsection A hereof from any public or private property within the City without first registering to do so in accordance with the provisions of this Part 2.
[Amended 6-23-20014 by Ord. No. 1433-2014]
E.
It shall be unlawful for any person to scavenge any materials from any solid waste or other solid wastes enumerated in Subsection A hereof that are stored or deposited for collection within the City.
F.
It shall be unlawful for any person to throw, place or deposit or cause or permit to be thrown, placed or deposited any solid wastes enumerated in Subsection A hereof in or upon any street, alley, sidewalk, body of water, or public or private property within the City, except as provided in this Part 2.
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 property owner, occupant of any property or 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 property owner or occupant storing municipal waste
for collection shall comply with the following preparation standards:
(1)
All municipal wastes shall be drained free of liquids
before 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 in accordance with Part 1.
(4)
Subject to Part 1, grass clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than three feet in length, not more than two feet in diameter and not more than 40 pounds in weight. No single piece shall be more than three inches in diameter.
(5)
Subject to Part 1, newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
(6)
When specified by the City or its designated representative,
special preparation and storage procedures may be required to facilitate
the collection and resource recovery of certain waste materials.
(7)
Carpet and/or carpet padding shall be placed in an
approved closed container or must be cut in lengths not to exceed
eight feet and securely tied. No single piece shall be more than 40
pounds in weight.
D.
All municipal waste shall be stored in containers
approved by the City or its designated representative. Individual
containers and bulk containers (dumpsters) utilized for storage of
municipal waste shall comply with the following standards:
(1)
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,
insectproof and rodentproof.
(2)
Reusable containers for individual residences shall
have a tight-fitting cover and suitable lifting handles to facilitate
collection.
(3)
Reusable containers for individual residences shall
have a capacity of not less than 10 gallons nor more than 30 gallons
and a load weight of not more than 40 pounds.
(4)
All individual containers shall be ninety-six-gallon plastic containers
supplied by the contractor providing trash collection services for
the City; and any replacement containers shall be purchased from the
contractor at the cost of acquisition by the contractor, said replacement
containers to comply with the specifications as bid out in the contract
for services with the City.
[Amended 6-23-2014 by Ord. No. 1433-2014]
E.
Any person storing municipal waste for collection
shall comply with the following storage standards:
(1)
Containers shall be kept tightly sealed or covered.
Solid waste shall not protrude or extend above the top of the container.
(2)
Reusable containers shall be kept in a sanitary condition.
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 as to prevent
public nuisances.
(4)
Containers that do not conform to the standard of this Part 2 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 upon notification from the City or its designated representative and must be purchased from the company under contract with the City for cost.
[Amended 6-23-2014 by Ord. No. 1433-2014]
(5)
Containers shall be placed by the property owner or
occupant at a collection point specified by the City or its designated
representative.
(6)
With the exception of pickup days when the containers
are placed for collection, the container shall be properly stored
on the owner's premises.
(7)
Bulk waste items, such as furniture, appliances and tires, shall
be stored out of sight in a manner which will prevent the accumulation
or collection of water, the harborage of rodents, safety hazards and
fire hazards. Doors must be removed from appliances. Bulk items will
only be placed for collection the day scheduled for pickup.
[Amended 6-23-2014 by Ord. No. 1433-2014]
F.
The storage of all municipal waste from residential units, multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this Part 2. The type, size and placement requirements for bulk containers (dumpsters) shall be determined by the waste hauler and are subject to approval by the City.
A.
The City shall provide for the collection of all garbage,
rubbish and bulk wastes from all properties in the City. Multifamily
residential, commercial, institutional and industrial properties can
contract with a private collector or collectors to provide this essential
collection service but in doing so must utilize bulk containers (dumpsters)
only to be eligible. In the cases of institutional properties and
industrial properties, such properties are required to use the services
of a private collector or collectors and the use of dumpsters.
[Amended 12-22-2005 by Ord. No. 1271-2005]
B.
All single-family residences shall utilize the collection service
provided by the City. This service provides for collection of 1/2
yard of solid waste and 1/2 yard of recycling for a total of one cubic
yard of combined waste/recyclables. Those having extremely large families
or unusually large solid waste and recyclable needs shall be permitted
to apply to the City to obtain an additional service upon paying for
same and receiving additional containers for such use on an annual
basis.
[Amended 6-23-2014 by Ord. No. 1433-2014]
C.
All multifamily residential, commercial, institutional
and industrial establishments shall negotiate and individually contract
collection service with the City's collector or any other properly
registered waste hauler of their choice that is properly registered
with the City.
[Amended 6-23-20014 by Ord. No. 1433-2014]
D.
All residential garbage and rubbish shall be collected
at least once a week.
E.
All multifamily residential, commercial, institutional,
public and industrial lunchroom and office waste utilizing bulk containers
(dumpsters) 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 City reserves
the right to require more-frequent collection when deemed necessary.
F.
Residential collection schedules shall be published
as deemed necessary by the City or its contracted hauler.
G.
It shall be unlawful for any property owner or occupant
of any property to allow the placement of containers at curbside earlier
than 6:00 p.m. on the day prior to the designated collection day.
All containers must be removed from curbside to the normal storage
place no later than 6:00 p.m. on the collection day. All storage areas
must be located on the property/premises and are not permitted in
the right-of-way, street or alley without specific permission from
the City to address land-locked properties or other special circumstances.
[Amended 1-27-1997 by Ord. No. 1042-97; 6-23-2014 by Ord. No. 1433-2014]
H.
All waste collection activity shall be conducted from
Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m.
or on Saturdays when prior approval by the City has been granted.
No collection, hauling or transporting of solid waste shall be permitted
on Sunday unless preapproved by the City.
I.
All registered haulers and haulers under contract
with the City shall comply with the following standards and regulations:
[Amended 6-23-20014 by Ord. No. 1433-2014]
(1)
All municipal waste collected within the City shall
ultimately be disposed only at landfills cited with the approval of
the City Manager.
(3)
All collection vehicles conveying domestic waste and
garbage shall be watertight and suitably enclosed to prevent leakage,
roadside litter, the attraction of vectors, the creation of odors
and other nuisances.
(4)
All solid waste shall be collected and transported
so as to prevent public health hazards, safety hazards and nuisances.
(5)
All solid waste collection vehicles shall be operated
and maintained in a clean and sanitary condition.
J.
A review board, consisting of three City residents
appointed by the City Council, shall review any requests from multifamily
residential or commercial properties that qualify for private trash
collection but do not meet the standard due to any parcel being lot
line to lot line. Findings and recommendations will be submitted to
the City Council for final approval.
(1)
The initial terms of the members of the Solid Waste
Review Board shall be as follows: one member shall be appointed to
serve until the first day in January following the date the Solid
Waste Review Board becomes effective; one member shall be appointed
to serve until the first day of the second January thereafter; one
member shall be appointed to serve until the first day of the third
January thereafter.
[Added 5-13-1996 by Ord. No. 1016-96]
(2)
The City Council shall appoint their successors on
the expiration of their respective terms to serve for periods of three
years. An appointment to fill a vacancy shall be only for the unexpired
portion of the term.
[Added 5-13-1996 by Ord. No. 1016-96]
(3)
Attendance.
[Added 4-22-2013 by Ord. No. 1404-2013]
(a)
Any member of the Solid Waste Review Board absent from three or more
consecutive regular meetings of the Solid Waste Review Board without
an approved leave of absence granted by the City Council after public
hearing and prior written notice thereof shall be removed from the
Solid Waste Review Board by the City Council of the City of Coatesville.
(b)
Any member of the Solid Waste Review Board absent from 20% or more
of the regularly scheduled meetings of the Solid Waste Review Board
within any one-year period shall be notified in writing by the City
Manager acting on behalf of the City Council of the attendance requirements
of this subsection. Any member of the Solid Waste Review Board who
is absent from 20% or more of the regularly scheduled meetings within
a one-year period shall thereafter be removed for cause from such
position by the City Council with prior written notice after public
hearing unless such member resigns in writing or waives the public
hearing in writing.
(c)
Any member of the Solid Waste Review Board may be removed for cause
as determined by the City Council after public hearing and prior written
notice thereof.
(d)
The provisions of this subsection shall not preclude the removal
of any member of the Solid Waste Review Board without cause by the
City Council when authorized by state law, City Charter or City ordinance.
A.
The City Council for the City shall be authorized
to make funds available, in accordance with the laws and procedures
of the City, for the establishment, maintenance and operation of a
municipal solid waste collection and disposal system or for the contracting
of such service to a private collector.
B.
Annual costs shall be made available by the City on
any competitively bid collection service contract that may be awarded
by the City.
D.
The City's contracted hauler and other registered
haulers shall be responsible for the collection of any fees for private-arrangement
or private-contract solid waste collection and disposal services provided
to any individual, residential, multifamily, commercial, institutional
or industrial source within the City.
[Amended 6-23-20014 by Ord. No. 1433-2014]
[Amended 8-22-2011 by Ord. No. 1358-2011]
Primary enforcement of this Part 2, the Solid Waste Ordinance, shall rest with the SWEEP Officer as appointed by the Director of Public Works; however, such enforcement authority shall not be exclusive and is further conferred upon the Code Enforcement Officer or any law enforcement officer of the City of Coatesville. In addition to the enforcement remedies set forth in § 190-19, the City may petition the appropriate court for an injunction, either mandatory or prohibitive, to enforce any of the provisions of the chapter.
A.
Any person, partnership or corporation violating any of the provisions of this Part 2 shall, upon conviction in summary proceedings, be sentenced to pay a fine of not less than $300 nor more than $1,000 and, in default of the payment of such fine, may be imprisoned for a period of not more than 90 days. Each day of violation shall be considered a separate and distinct offense.
B.
Alternative citation process.
[Added 10-28-2013 by Ord. No. 1418-2013]
(1)
Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $25 to be paid within 10 days.
(2)
Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $50 to be paid after 10 days but within 20 days.
(3)
Any violation of the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $75 to be paid after 20 days, but before citation.
(4)
Failure to respond by the payment of the fines as aforesaid shall,
after 28 days, result in the issuance of a citation to the defendant.
Thereafter, the prosecution shall proceed in accordance with the Pennsylvania
Rules of Criminal Procedure, and upon conviction for the offense,
the defendant shall be ordered to pay the maximum fine prescribed
by law, together with the costs of prosecution, and/or to be incarcerated
in the county prison for not more than five days.
