[HISTORY: Adopted by the City Council of the City of Harrisburg 7-3-2018 by Ord. No. 5-2018. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 9-303, Municipal Waste Collection, adopted by Ord. No. 22-1992, as amended.
Designated items for collection and disposal as municipal waste pursuant to this chapter shall be determined by the rules and regulations promulgated by the Director DPW. The City reserves the right and retains the option at its discretion to add or remove an item or items from its designation list at any time upon notification of the public.
General provisions. Collection of municipal waste shall be under the direction of the Director DPW. Authority is conferred upon the Director DPW to promulgate rules and regulations concerning the days of collection, pickup points, routes, and the type of receptacle and conveyance.
Curbside collection. It shall be the responsibility of the City or its agents to make periodic curbside collections of reasonable accumulations of municipal waste from residential and commercial properties. Municipal waste shall be collected by the City or its agents at times pursuant to a schedule designated by the Director DPW and promulgated in the rules and regulations.
Existing contracts. Nothing contained in this section, chapter or code shall be construed to interfere with or in any way modify the provisions of any existing contract which is consistent with the laws of the Commonwealth of Pennsylvania and in force in the City on the effective date of this code. No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, transportation, processing, or purchase of municipal waste or recyclables shall be entered into after the effective date of this chapter, unless such renewal or such contract shall conform to the requirements of this chapter.
Owners of commercial properties may apply for a waiver from the Director DPW to collect municipal waste based on the amount and type of municipal waste to be collected. Approved private haulers shall be in compliance with the rules and regulations promulgated by the Director DPW. Individual agreements may be entered into between private haulers and the owners of commercial properties who have been granted a waiver for the time period provided in the waiver, and the fees and charges therefor shall be determined solely by private agreement between the parties. Private haulers collecting municipal waste generated within the City shall dispose of such waste in accordance with and under the provisions of § 9-303.3. All vehicles utilized by private haulers under this section shall be equipped with a tight cover and shall be so operated as to prevent offensive odors escaping therefrom or any refuse from being blown, dropped or spilled therefrom within the City.
Municipal waste receptacles. Municipal waste receptacles, including carts, dumpsters, and compactors, shall comply with the rules and regulations promulgated by the Director DPW and shall be maintained in good condition. Any receptacle which does not conform to the provisions of this chapter, or which 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.
Points of collection. All carts, dumpsters, and compactors shall be placed together at the same location on each property and be easily accessible to the street, alley or walkway from which collection is made, in compliance with the rules and regulations promulgated by the Director DPW. In cases in which a property owner is unable to comply with the foregoing requirements of this section due to age or continuing illness or physical handicap, the same shall be reported promptly to the Director DPW, and special arrangements for collection shall be made to accommodate such property owner without additional charge, where possible. If special arrangements cannot be made without unusual expense to the City, the Director DPW shall establish a reasonable additional charge for such special arrangements and shall publish a schedule of such additional charges as may be applicable to the different types of special arrangements which may be needed from time to time.
Placement of bulk items. Each residential property is permitted to place one bulk item per week at the point of collection, provided that such item is not otherwise prohibited from municipal waste collection and such item is of a size that can be handled by the persons responsible for waste collection. If such item cannot be collected by the persons responsible for waste collection, the person(s) who placed such item must remove it within 24 hours. Any bulk item(s) placed for collection in excess of the allowable one per week per residential property will be collected for disposal, and the residential property will be charged accordingly for such service.
All municipal waste produced, collected, and transported from within the jurisdictional limits of the City shall be disposed of at a licensed and approved disposal facility in accordance with the Dauphin County Solid Waste Plan, and in compliance with all Department of Environmental Protection regulations and with any other applicable local, state or federal statute or rules and regulations. The designated facility for disposal of all municipal waste produced, collected and transported from within the jurisdictional limits of the City shall be the Susquehanna Resource Management Complex (formerly known as the Harrisburg Incinerator) which is currently owned and managed by Lancaster County Solid Waste Management Authority ("LCSWMA").
General provisions. All persons receiving municipal waste services by the City or its agent(s) under this chapter, as defined by the rules and regulations promulgated by the Director DPW, are subject to the rates in this section.
Collection rates. The collection rates for each property, or part of a property, within the City shall be related to the kind, quality, and quantity of municipal waste to be collected from such property, as set forth below:
Residential property utilizing carts: $156 per year; $13 monthly per cart for once-a-week collection of up to 95 gallons of municipal waste not weighing in excess of 160 pounds.
Commercial. The collection rates for each property, or part of a property, utilized for commercial purposes within the City shall be set forth in rules and regulations promulgated by the Director DPW related to the kind, quality, and quantity of municipal waste to be collected from such property, provided that such rates shall not be less than $411 per year; $34.25 monthly for once-a-week collection of up to 95 gallons of municipal waste not weighing in excess of 160 pounds.
Dumpsters. The collection rates for dumpsters, whether located on property classified as residential or commercial, shall be at the rates as set forth in Appendix, Chapter 9, of the Codified Ordinances. The City, through the Director DPW, shall set the collection rates for individual customers whose dumpsters, due to size of dumpster(s) or compaction of waste, do not fit within the rate schedule set forth in the Appendix.
Disposal rates. In addition to the rates for collection of municipal waste by the City, there is imposed upon each property within the City a refuse ready-to-serve and use of facilities charge for the disposal of municipal waste delivered by the City to the disposal facility, pursuant to the following:
Residential dwelling units of four units or less: $232.08 per year per cart; $19.34 monthly for once-a-week disposal of up to 95 gallons of municipal waste not weighing in excess of 160 pounds.
Commercial properties: a charge for each person using a structure or part of a structure for a separate nonresidential use or for residential use within a single property containing five or more separate living units at the rates set forth in Appendix, Chapter 9, of the Codified Ordinances. The City, through the Director DPW, shall set the disposal rates for individual customers whose municipal waste is collected in dumpsters which, due to size of dumpster(s) or compaction of waste, do not fit within the rate schedule set forth in the Appendix.
The charges imposed for disposal of municipal waste in the City shall be imposed upon the owners of all improved property within the City, except for improved property used exclusively as an accessory use, such as a garage, constructed within 60 feet of the property line of the single-family residence for which it is an accessory use, provided that the accessory use is not occupied, rented or used for any commercial or residential purpose.
Billing accounts. All billings for charges under this chapter shall be prepared in the name of the owner of the premises for which the collection charges are being made, and the charge is hereby imposed upon such owner. The deed registry in the office of the City Engineer shall be prima facie evidence of the owner of property in the City, and the burden of proving that such registry is in error shall be upon the person asserting the same. The charges provided herein shall be paid in advance by the owner or occupant of the property involved. The Director of Public Works shall cause an annual report to be issued to Council summarizing the prior year's billing history and account status.
Vacant property exemption. The owner of vacant property shall be exempt from the payment of disposal and collection fees for municipal waste services. In order to be considered for a vacant property exemption, the owner or owner's agent must annually complete an exemption application certifying that the property is vacant. The Director DPW or the Director's designee(s) shall be responsible for determining whether an applicant's property is vacant for purposes of this chapter.
General provisions. Pursuant to 11 Pa.C.S.A. § 12409(e)(2) of the Third Class City Code, delinquent payment of municipal waste services rates and other charges shall be collected pursuant to the Municipal Claims and Tax Liens Law, 53 P.S. § 7101 et seq., or by civil action.
Liens. Rates imposed under this chapter shall be a lien on the properties served from the date the charge first becomes due and payable. In addition to all other rights of the City, if such charges are not paid, the City may file such liens and collect same in the manner provided by law for the filing and collection of municipal liens and claims and may proceed to collect such charges by an action in assumpsit in the name of the City against the owner of the property charged.