A.
General. It shall be the duty of every owner of any realty located
in the City where refuse is produced and accumulated and of every
resident and person occupying a dwelling, apartment, place of business,
or other place within the City of Warren:
(1)
To provide and at all times to keep, as in this article prescribed,
on its premises a sufficient number of containers to hold all refuse
which may accumulate on the premises until collection of the same
by the collector.
(2)
To keep and maintain all receptacles for the storage of refuse in
good and sanitary condition and to replace any such receptacles which
may have ragged or sharp edges, holes, or other defects.
(3)
To deposit all refuse which may be produced or accumulated on the
premises in a proper receptacle therefor as herein provided.
(4)
To drain garbage of all liquids before depositing the same in any
receptacle.
(5)
To keep all receptacles for the storing of refuse securely covered
to prevent any of the contents from being scattered about and to prevent
the propagation of rats, flies, and other insects or vermin.
B.
Storage on residential properties.
(1)
All refuse accumulated by occupants of residential property shall
be placed in approved containers for storage prior to collection.
The containers for storage and collection shall be durable, watertight,
leakproof, and made of rust-resistant galvanized metal or heavy plastic
with a tight-fitting lid and two handles. The size of such containers
shall be of a standard size approved by the collector for residential
use. Upon notification from the City Code Enforcement Officer or Director
of the Department of Public Works, unsatisfactory containers must
be replaced. Refuse shall be placed in a heavy-duty plastic bag having
a capacity not to exceed 32 gallons and a loaded weight not to exceed
50 pounds.
(2)
All refuse containers for residential properties shall be located
in an accessible location. The exact location shall be arranged for
the convenience of the resident and to facilitate removal of the contents
of the containers by the collector. The access to such location shall
be kept clear of snow, ice, and other obstruction which may interfere
with the collection of the contents of the containers. The collector
shall be required to make collections from this location, but the
collector shall not be required to collect from second-floor, basement,
inside garage, or other such locations.
(3)
Dumpsters may be placed on residential property for temporary use
of 30 days or less to dispose of household contents or in conjunction
with a valid building or demolition permit for the removal of nonhazardous
waste such as construction debris, demolition waste, or land debris.
Garbage may not be disposed of in dumpsters.
(4)
It shall be presumed that the containment of municipal waste in excess
of one year constitutes disposal. This presumption can be refuted
by clear and convincing evidence to the contrary.
C.
Storage on commercial, industrial, and institutional properties.
(1)
Storage of refuse on commercial, industrial, or institutional properties
shall be in the same types of containers as are required for residential
properties. However, when the average accumulation for a commercial,
industrial, or institutional property is in excess of an amount that
can be stored in three such containers for a period of one calendar
week, dumpsters may be used or the owner or occupant of the commercial,
industrial, or institutional establishment may make special arrangements
with the collector for the storage and removal of such additional
quantities. Special arrangements between the owner or occupant of
a commercial, industrial, or institutional establishment and the collector
shall include the following:
(a)
The type of temporary or permanent dumpster or bulk container
to be utilized shall have a tight-fitting lid and shall be kept closed.
(b)
Collections shall occur as frequently as necessary to prevent
accumulations which may be adverse to public health or safety.
(c)
The cost for collection service shall be agreed upon by the
collector and the owner or occupant of the commercial, industrial,
or institutional property.
(2)
Containers for collection at commercial, industrial, or institutional
properties shall be located on the premises at a place agreed upon
by the owner or occupant of the property and the collector. Such location
shall not interfere with public or private sidewalks, walkways, driveways,
roads, streets, highways, or entrances and exits of public or private
buildings.
D.
Storage for certain items and special conditions.
(1)
The storage for collection and removal of clothing, bedding, or other
refuse from homes or other places where infectious or contagious diseases
have prevailed shall be performed under the supervision and direction
of appropriate state or local health officials. Such material shall
not be placed in containers for regular collection.
(2)
Highly flammable or explosive material shall not be placed in containers
for regular collection but shall be disposed of as required by the
DEP and at the expense of the owner or possessor thereof.
E.
It shall be presumed that the containment of municipal waste in excess
of one year constitutes disposal. This presumption can be refuted
by clear and convincing evidence to the contrary.
A.
Collections of refuse from residential properties shall be made by
the collector not less than one time in each calendar week.
B.
The following materials shall not be placed for collection or put
in containers set out for collection:
(1)
HHW;
(2)
Flammable liquids;
(3)
Explosives or fireworks;
(4)
Radioactive material;
(5)
Infectious or toxic household waste;
(6)
Ammunition;
(7)
Unhardened paints or varnishes;
(8)
Photochemicals;
(9)
Insecticides;
(10)
Light bulbs;
(11)
Weed killers;
(12)
Pool/spa chemicals;
(13)
Propane tanks;
(14)
Oxygen tanks;
(15)
Solvents;
(16)
Lead acid or lithium batteries;
(17)
Vehicle oil and fluids;
(18)
Vehicle tires;
(19)
Grass clippings;
(20)
Brush waste;
(21)
Demolition debris;
(22)
Scrap metals;
(23)
E-waste.
C.
Containers and securely closed bags may not be placed at the curb
for collection before 5:00 p.m. (prevailing time) on the day before
the scheduled day for collection and must be removed within 24 hours
after collection.
D.
Collections of refuse shall be made at such frequency as to prevent
unsightly conditions and odors from emanating from commercial, institutional,
and industrial establishments and in accordance with the conditions
as prescribed in this article.
A.
No person shall place or dispose of any refuse in or about any private
property, whether owned by such person or not, within the City except
in proper containers for collection as prescribed for in this article.
B.
Any unauthorized accumulation of refuse on any premises is hereby
declared to be a nuisance and is prohibited.
C.
No person shall place or dispose of any refuse in, about, or upon
any street, sidewalk, roadway, highway, river, stream, or other body
of water in the City or so cast, place, sweep or deposit, anywhere
within the City, any refuse or debris in such manner that it may be
carried or deposited by the elements, animals, or other persons upon
any street, sidewalk, alley, parkway, river, stream, body of water,
or other public place within the City.
D.
No person shall haul, transport, or convey any refuse which may be
lost from the carrier vehicle during collection or transport.
E.
No person shall ignite or feed an open fire for the destruction of
refuse or in the conduct of a salvage operation in any public or private
place outside of any building or cause, suffer, allow or permit the
maintenance of any open fire for the destruction of refuse.
F.
No inoperable equipment, including, but not limited to, refrigerators
or freezers or other similar devices, shall be discarded, abandoned,
or stored on premises or set out for collection without first removing
all doors. In addition, if any item containing Freon is to be disposed
of, a certificate confirming that the Freon has been removed must
be attached to the item.
A.
No person shall collect or remove any refuse from properties within
the City or haul or convey any refuse through or upon any of the streets
or alleys of the City except as provided for herein.
B.
All persons, firms, and corporations who wish to engage in the business
of collecting, hauling, and disposing of refuse in the City must:
(1)
Be licensed by the Commonwealth of Pennsylvania as a hauler of solid
waste.
(2)
Own or lease equipment to be used for the collection and hauling
of refuse. The equipment shall be in good operating condition, structurally
sound, and shall be capable of retaining all collected material, solid
or liquid, from the point of collection to the point of ultimate disposal.
(3)
All refuse shall be mechanically compacted prior to transporting,
either by separate vehicle compaction or container compaction equipment.
Evidence of acceptable compaction equipment must be provided as requested
by the City's Code Enforcement Officer or Department of Public Works
Director or designee.
(4)
Maintain a toll-free number to receive calls from persons in the
City who receive refuse collection services. The number is to be staffed
to receive calls between the hours of 9:00 a.m. to 4:00 p.m. daily
except Saturday, Sunday, and holidays. This provision shall not apply
to collectors engaged only in commercial, industrial, and/or institutional
waste removal.
(5)
In addition, if the collector establishes a bag program, the collector
shall arrange for a business within the City to sell such bags or
tags. This provision shall not apply to collectors engaged only in
commercial, industrial, and/or institutional waste removal.
(6)
Own, lease, or have proper authorization to use a disposal facility
in accordance with all present and future laws of the Commonwealth
of Pennsylvania and the United States of America; the rules, regulations,
standards and procedures as may be established by state and federal
departments and agencies; and the rules and ordinances of the City
of Warren and other municipal subdivisions of the commonwealth, including
the County of Warren or its agents.
C.
Collectors operating within the City must furnish the following information
if requested:
(1)
A copy of the state-issued license to operate as a solid waste hauler.
(2)
The number of vehicles and containers to be used for collection,
including the make, model, license plate number, and size of packer
body of the vehicle or container and the type of compaction equipment
to be used for refuse collection and hauling in the City.
(3)
Certification of ownership, lease, or authorization to use a disposal
facility as is provided for in this article. Such certification shall
contain a description of the manner or type of disposal method used.
(4)
A schedule of the fees or costs to be charged for the collection
and disposal of refuse from residential places within the City. Such
schedule shall include the charges for the number of containers of
refuse and frequency of collections and charges for the collection
and disposal of additional materials which persons in the City may
from time to time wish to have collected and disposed of and which
are not part of the normal household "garbage" and "rubbish" as defined
herein.
(5)
A certificate of the collector's workers' compensation insurance
as required by law.
(6)
A certificate of insurance coverage providing complete third-party
comprehensive, bodily injury and property damage liability insurance,
the limits of which shall be in accordance with City policy.
A.
Each vehicle and item of equipment used in the City shall be marked
to clearly identify the name of the firm and the telephone number
of the firm's office or headquarters. The lettering shall be of such
size so as to be clearly legible.
B.
The collector shall be responsible for maintaining each vehicle used
to perform work in the City in good operating condition to assure
that the schedule of collections can be maintained. The vehicles must
be kept clean and painted so as to present a favorable appearance.
The Director of the Department of Public Works or designee shall have
the right to inspect all vehicles prior to or during the period when
the collector is working in the City.
C.
Each vehicle collecting or transporting garbage shall be equipped
with at least one gallon of approved-type disinfectant which shall
be used on streets, sidewalks, and other such areas when garbage is
spilled.
D.
Collectors shall be responsible for the manner in which their employees
perform work pertaining to collection, hauling, and disposal of refuse
under the terms of this article. Employees of the collector shall
be furnished with identification badges or patches which contain the
name of the firm and the name of the employee. Such identification
shall be placed on the outside garments worn by the employees at all
times when such employees are engaged in the collection of refuse
in the City.
Except in cases of emergency, as determined by the City, collection
of refuse is permitted only between the hours of 6:00 a.m. and 6:00
p.m. Monday through Saturday, excluding New Year's Day, Memorial Day,
the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.
A.
Each residential property within the City is to be served by a collector
which is licensed by the Commonwealth of Pennsylvania. The owner of
such property shall be responsible for payment of any related service
charges unless arrangements to the contrary are made.
A.
Any person who is not acting in compliance with the requirements
of this article as determined by the City Code Enforcement Officer
shall be given a written notice by hand delivery or by regular mail,
at his last known or readily ascertainable address, of the violation
and action required to avoid further enforcement proceedings. If corrective
action is not taken within 30 days of the date of the notice, the
Code Office may institute proceedings in any court of law for a penalty
or such other legal relief as is permitted.
B.
Any person who violates any provision of this article shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $1,000
plus costs. Each day that a violation of this article continues shall
constitute a separate offense.
Nothing contained herein shall be deemed to prohibit any person,
not regularly engaged in the business of hauling solid waste for profit,
from hauling such solid waste on an irregular and unscheduled basis,
or from hauling waste generated by that person, so long as such hauling
and disposal is in accordance with the ordinances of the City and
is permitted by the DEP.
