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City of Clairton, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Clairton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Financial policies about delinquent accounts — See Ch. 34.
Ordinance Officer — See Ch. 73.
Advertising materials — See Ch. 145.
Brush, grass and weeds — See Ch. 159.
Claim collections — See Ch. 170.
Grease traps and interceptors — See Ch. 214.
Housing and health standards — See Ch. 217.
Junk and junk dealers — See Ch. 225.
Nuisances — See Ch. 247.
Abandoned refrigerators — See Ch. 283.
Sewers — See Ch. 295.
Abandoned or junked vehicles — See Ch. 327.
[Adopted 11-26-1991 by Ord. No. 1506]
This article shall be known and referred to as the "Clairton Solid Waste Ordinance."
The purpose of this article is to:
A. 
Ensure the safe and effective management of solid waste materials.
B. 
Establish a program of regulation over the storage, collection and disposal of solid waste materials in the City of Clairton.
C. 
Effect compliance with and to exercise the authority granted by the Pennsylvania Solid Waste Management Act of 1980, Act of July 7, 1980, P.L. 380, No. 97.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A. 
The following words and phrases as used in this article shall have the meanings ascribed herein, unless the context clearly indicates a different meaning:
ACT or ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
AGRICULTURAL WASTE
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 excepted as farms, forests or other agricultural lands.
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 or weight.
CITY
The City of Clairton, Allegheny County, Pennsylvania.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CONSTRUCTION AND DEMOLITION WASTE
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.
DEPARTMENT
The Pennsylvania Department of Environmental Resources.
DISPOSAL
The incineration, 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 a constituent of the solid waste 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, copartnership, association or corporation who has been licensed by the City or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.
HAZARDOUS WASTE
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:
(1) 
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
(2) 
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.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, churches, schools and universities.
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from the 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.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency or any other legal entity which is recognized by law as the subject of rights and duties. 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.
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.
REFUSE
All solid waste materials which are discarded as useless.
RESIDENTIAL OR HOUSEHOLD ESTABLISHMENT
Any establishment intended or designed for use by an individual or group of individuals who are living together as one economic unit or for use as a dwelling unit with one or more living or sleeping rooms. The term shall include but not necessarily be limited to residences, households, apartment units, duplex dwelling units, boardinghouse units and other similar separate household units in multifamily residences.
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 "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act.[2] "Residual waste" 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 Clean Streams Law.[3]
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.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SEWAGE TREATMENT RESIDUES
Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
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 clean and convincing evidence to the contrary.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 52 P.S. § 30.51 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
B. 
In this article, 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 City any garbage, rubbish, bulky waste or any other municipal or residual solid waste except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.[1]
[1]
Editor's Note: See Allegheny County Health Department Rules and Regulations, Art. VIII, Solid Waste and Recycling Management.
B. 
It shall be unlawful for any person to burn any solid waste within the City except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.[2]
[2]
Editor's Note: See Allegheny County Health Department Rules and Regulations, Art. VIII, Solid Waste and Recycling Management.
C. 
It shall be unlawful for any person to dispose of any solid waste in the City except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.[3]
[3]
Editor's Note: See Allegheny County Health Department Rules and Regulations, Art. VIII, Solid Waste and Recycling Management.
D. 
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the City without first securing a license to do so in accordance with the provisions of this article.
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the City without prior approval by the City.
F. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the City except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulation adopted pursuant to Act 97.
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 City except as provided in this article.
A. 
The storage of all 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 collection 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 and 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 be not 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 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.
D. 
All municipal waste shall be stored in containers approved by the City or its designated representative. Individual containers and bulk containers 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 40 gallons and a loaded weight of not more than 40 pounds.
(4) 
Disposal plastic bags or sacks are acceptable containers, provided that 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.
(5) 
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
E. 
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 article 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 notice from the City or its designated representative.
(5) 
Containers and other items suitable for collection shall be placed for curb pickup at the designated times. The term "curb pickup" shall refer to a point no further than four feet from the back of the curb or from the edge of the traveled roadway, if there is no curb. Containers and other items shall not be placed for collection sooner than 6:00 p.m. on the day before the day designated for pickup.
[Amended 5-12-1992 by Ord. No. 1521]
(6) 
With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.
(7) 
Bulk waste items, such as furniture, automobile parts, machinery, appliances and tires, shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
F. 
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 article. 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 City.
A. 
The City shall provide for the collection of all garbage, rubbish and bulky wastes from individual residential and household establishments and multifamily residential sources with less than four units or it may contract with a private collector or collectors to provide this essential residential collection service. This section shall apply to residential or household establishments located in buildings also containing commercial establishments only where such commercial establishments have ceased to operate.
B. 
All households, homeowners and residential and household establishments shall utilize the residential collection service provided by the City.
C. 
All multifamily residential sources (with four or more units), commercial (including those with residential or household establishments located in the same structure, except as provided in Subsection A above), institutional and industrial establishments shall negotiate and individually contract collection service with the City's collector or any other properly licensed waste hauler of their choice.
D. 
All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected in accordance with prior arrangements with the City's collector and payment of any required special fees. The following standards shall apply to the residential collection service provided by the City:
(1) 
The following types of bulky waste may be included: furniture, tires, children's swing sets and similar play items, radios and television sets, trunks, stoves, refrigerators, freezers, washers, dryers, water heaters and other appliances, furnaces and furnace parts, carpets, rugs, padding, newspapers, books and magazines (if securely tied in bundles or placed in closed containers), hedge cuttings, limbs and branches from trees not exceeding three inches in diameter and only if securely tied in bundles not exceeding 48 inches in length, leaves (only if placed in sealed plastic bags) and Christmas trees and other decorations, from January 2 to January 20 of each year.
(2) 
The following types of bulky waste may not be included: stones, rocks, dirt, broken concrete, refuse caused by repairs, alterations, remodeling, demolition and/or construction of buildings or other structures, ashes from heating plants, furnaces and stoves, automobile parts (including wheels) and bushes, shrubs or other vegetation with earth or soil attached to the root system.
E. 
Residential collection schedules shall be published regularly by the City or its contracted hauler.
F. 
All solid waste collection activity shall be conducted from Monday through Saturday between the hours of 6:00 a.m. and 5:00 p.m., unless prior approval of any exception has been granted by the City. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
G. 
This section shall be subject to the requirements of Article II of this chapter, as the same may be amended from time to time.
H. 
All licensed haulers and haulers under contract with the City shall comply with the following standards and regulations:
(1) 
All municipal waste collected within the City shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan — 1990 or on subsequent revisions thereto.
(2) 
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97, and any Department regulations adopted pursuant to Act 97 and must be licensed by the Allegheny County Health Department.
(3) 
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
(4) 
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
(5) 
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
(6) 
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
A. 
The Council of the City of Clairton 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 City solid waste collection and disposal system or for the contracting of such service to a private collector.
B. 
Every owner of premises in the City on which garbage, rubbish, bulky wastes or other items collectible by the City's residential collection service hereunder accumulates, is produced or is in existence, and which accumulations require removal, shall pay and be subject to fees for such collection and removal. Annual fee schedules shall be enacted and published from time to time by the City, based on any competitively bid residential collection service contract that may be awarded by the City.[1]
[1]
Editor's Note: See also § 299-12, Collection fee, below.
C. 
The City shall be responsible for the collection of any fees for solid waste collection and disposal from residential customers. Licensed haulers shall be responsible for the collection of any collection and disposal fees from commercial, institutional and industrial customers.
D. 
A penalty and late charge of 1% shall be imposed for each month or part of a month that a required quarterly payment is made after the last day of the quarter in which it is due.
E. 
Delinquent fees or payments hereunder may be recoverable by the filing of municipal claims and suits in assumpsit as now or hereinafter provided by law, and the City is hereby authorized to contract for collection services to recover such fees or payments and in addition thereto to recover all penalties, interest, commissions, charges and costs of collection incurred.[2]
[Added 3-23-1993 by Ord. No. 1551]
[2]
Editor's Note: See also Ch. 170, Claim Collections, Art. I, Attorney's Fees for Municipal Claims and Tax Collection.
A. 
No payment shall be due for any full quarter wherein premises subject to collection fees remain vacant. Full quarterly payments are due when any premises are occupied for any part of a quarter. The first quarter shall begin on the first day of January in each year, and the last quarter shall end on the last day of December in each year.
B. 
When premises are vacated or a change in ownership is made, the owner must give notice, in writing, of the same to the City Manager at the Municipal Building. Until such notice is properly given, the owner or grantor shall be responsible for all quarterly payments of the fee. Duly authorized agents of the City shall have access at all reasonable hours of the day to all portions of such vacated premises to make accessory inspections.
Within 30 days from the effective date of this article or after an individual, partnership, association, firm or corporation becomes a landlord or after any change in the use or occupancy, each landlord of premises subject to the fees herein shall submit to the City Manager a report which includes the following information:
A. 
A list of the household establishments owned by the landlord located within the City limits, whether occupied or not occupied.
B. 
The address of each household establishment.
C. 
A brief description of each household establishment.
D. 
Whether or not said household establishment is inhabited or utilized by tenants.
E. 
The name(s) of the tenant or tenants utilizing the aforementioned household establishment, if any.
A. 
All appeals shall be made, in writing, to the City Council.
B. 
Pending a reversal or modification, all decisions of the City shall remain effective and enforceable.
C. 
Appeals may be made by the following persons:
(1) 
Any person who is aggrieved by a new standard or regulation issued by the City may appeal within 10 days after the City gives notice of its intention to issue the new standard or regulation.
D. 
The notice of appeal shall be served, in writing, and sent by certified mail, with return receipt requested. Within 20 days after receipt of the notice of appeal, the City shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail, with return receipt requested, at the last known address, in addition to publication in the local newspaper.
A. 
The City shall enforce the maintenance of proper containers placed at suitable places on the premises and shall institute the prosecution of all persons, firms, associations or corporations or groups of persons violating any of the provisions of this article to the end that the terms of this article shall be strictly enforced. In addition, the City may enforce all charges lawfully imposed under this article for the collection, removal and disposal of all garbage, ashes and other waste or refuse material by the filing of a City claim or by a suit in assumpsit as provided by law.
B. 
The City may petition the Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
[Added 4-14-1992 by Ord. No. 1518; amended 4-8-2003 by Ord. No. 1741; 1-10-2006 by Ord. No. 1774; 10-10-2006 by Ord. No. 1784; 10-14-2008 by Ord. No. 1813]
The solid waste collection fee for each residential or household establishment, per quarter, shall be $36.
Any person who violates any provision of this article shall, upon conviction, be guilty of a misdemeanor which is punishable by a fine of not more than $1,000 or, in default of payment such fine, then by imprisonment for a period of not more than 30 days, or both. Each day violation shall be considered a separate and distinct offense.
The City Council is hereby authorized to make and promulgate any additional rules and regulations for the collection, removal and disposal of solid waste not in conflict with this article, and violations of the same shall be subject to the same penalties as provided in this article.
[Adopted 8-21-1990 by Ord. No. 1470]
This article shall be known and may be cited as the "Clairton 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.[1]
[1]
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:
A. 
Require reduction of the amount of municipal waste and conservation of recyclable materials.
B. 
Reduce the impact on the environment caused by municipal waste disposal.
C. 
Provide continuing education to the community to accomplish the goals of this article.
The following words and phrases used throughout this article shall have the following meanings unless the context clearly indicates otherwise:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[1]
ALUMINUM
Empty all-aluminum beverage or food cans.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
CITY
The City of Clairton, Allegheny County, Commonwealth of Pennsylvania.
COLLECTOR
The entity or entities authorized by the City to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments that do not receive collection services from the City to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes, and those multiple dwelling residential buildings containing more than four dwelling units.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel or tin-coated food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
LEAD ACID BATTERIES
Includes but is not limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTIES
Any properties having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the City and other governmental and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or 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.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
PERSON(S)
Owners, lessees and occupants of residences and commercial, municipal and institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the City may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the City and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. "Recyclable materials" may include, but are not necessarily limited to, clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics and any other items selected by the City or specified in future revisions to Act 101. The "recyclable materials" selected by the City may be revised from time to time as deemed necessary by the City.
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 mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials.
RESIDENCES
Any occupied single-family or multifamily dwelling having three or fewer dwelling units per structure for which the City provides municipal waste collection service.
[Amended 5-12-1992 by Ord. No. 1521]
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Resources for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A. 
The City hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from all residences and all commercial, municipal and institutional establishments located in the City for which waste collection is provided by the City or any other collector. Collection of the recyclable materials shall be made at least once per month by the City, its designated agent or any other solid waste collectors operating in the City and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program.
B. 
Specific program regulations are provided as an attachment to this article.[1] The City Council is empowered to make changes to program regulations as necessary, as described in § 299-26. Subsequent changes in the program regulations may be made through approval of the City Council and public notice and notification of all affected parties.
[1]
Editor's Note: The program regulations are on file in the City offices.
C. 
This article is ordained pursuant to the City of Clairton Home Rule Charter.[2]
[2]
Editor's Note: The Charter is included at the beginning of the Code of the City of Clairton.
Disposal by persons of lead acid batteries with other municipal wastes is prohibited and shall be a violation of this article.
A. 
All persons who are residents of the City shall separate all of those recyclable materials designated by the City from all other municipal waste produced at their homes, apartments and other residential establishments, shall store such materials for collection and shall place the same for collection in accordance with the guidelines established hereunder.
[Amended 5-12-1992 by Ord. No. 1521]
(1) 
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed within four feet of the curbside in containers provided by the City for collection. Such containers shall not be placed for collection sooner than 6:00 p.m. on the day before the day designated for pickup. Any containers provided to residences for collection of recyclable materials shall be the property of the City and shall be used only for the collection of recyclable materials. Any resident who moves within or from the City shall be responsible for returning the allocated container(s) to the City or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this article.
(2) 
An owner, landlord or agent of an owner or landlord of a multifamily rental housing property with more than four units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable 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 noncompliance of occupants of their buildings. If recyclable materials are collected by a collector other than the City or its authorized agent, owners, landlords and agents of owners or landlords shall submit an annual report to the City reporting the tonnage of materials recycled during the previous year, provided that the collector submits an annual report indicating the tonnage of materials recycled during the previous year from such properties in the City.
B. 
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste.
C. 
Persons must separate high-grade office paper, aluminum, steel and bimetallic cans, corrugated paper, leaf waste and such other materials as may be designated by the City generated by commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. A person may be exempted from this subsection if that person submits documentation to the City annually indicating that the designated recyclable materials are being recycled in an appropriate manner. If recyclable materials are collected by a collector other than the City or its authorized agent, occupants of said establishments shall submit an annual report to the City reporting the tonnage of materials recycled during the previous year, provided that the collector submits an annual report indicating the tonnage of materials recycled during the previous year from such properties in the City.
[Amended 5-12-1992 by Ord. No. 1521]
All recyclable materials placed by persons for collection by the City or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the City or the authorized collector, except as otherwise provided by § 299-24 herein. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm or corporation, other than the City or one authorized by the City Council or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the City or an authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the City Council or other entity responsible for authorizing collection of recyclable materials to make such a collection.
[Amended 5-12-1992 by Ord. No. 1521]
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this article. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited.
A. 
The City Manager is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article deemed necessary, including but not limited to:
(1) 
Establishing recyclable materials to be separated for collection and recycling by residences and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
(2) 
Establishing collection procedures for recyclable materials.
(3) 
Establishing reporting procedures for amounts of materials recycled.
(4) 
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
(5) 
Establishing procedures and rules for the collection of leaf waste.
B. 
Any person, firm or corporation who shall violate the provisions of this article shall receive an official written warning of noncompliance for the first and second offense. Thereafter all such violations shall be subject to the penalties hereinafter provided. The Ordinance Officer of the City of Clairton is hereby authorized to investigate violations of and to enforce the provisions of this article.
C. 
Except as herein provided, any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1,000 and costs of prosecution for each and every offense.
D. 
The City reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.
The City may enter into an agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.