[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.Â
ACT or ACT 97
AGRICULTURAL WASTE
BULKY WASTE
CITY
COMMERCIAL ESTABLISHMENT
CONSTRUCTION AND DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
(1)Â
(2)Â
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
PERSON
PROCESSING
REFUSE
RESIDENTIAL OR HOUSEHOLD ESTABLISHMENT
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases as used in this article shall have
the meanings ascribed herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
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.
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.
The City of Clairton, Allegheny County, Pennsylvania.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
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 Pennsylvania Department of Environmental Resources.
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.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
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.
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.
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 in morbidity in either an individual or the 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, churches, schools and universities.
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.
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.
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.
All solid waste materials which are discarded as useless.
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.
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]
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.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
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.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
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.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
B.Â
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Any person storing municipal waste for collection shall comply with
the following preparation standards:
(1)Â
All municipal waste shall be drained of free liquids before being
placed in storage containers.
(2)Â
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
(3)Â
All cans, bottles and other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
(4)Â
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)Â
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)Â
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.Â
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)Â
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)Â
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)Â
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)Â
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)Â
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
E.Â
Any person storing municipal waste for collection shall comply with
the following storage standards:
(1)Â
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)Â
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)Â
Containers shall be used and maintained so as to prevent public nuisances.
(4)Â
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)Â
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)Â
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)Â
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.Â
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.Â
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.Â
All households, homeowners and residential and household establishments
shall utilize the residential collection service provided by the City.
C.Â
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.Â
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)Â
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)Â
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.Â
Residential collection schedules shall be published regularly by
the City or its contracted hauler.
F.Â
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.Â
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.Â
All licensed haulers and haulers under contract with the City shall
comply with the following standards and regulations:
(1)Â
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)Â
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)Â
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)Â
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)Â
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
(6)Â
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
A.Â
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.Â
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]
C.Â
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.Â
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.Â
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]
A.Â
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.Â
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.Â
A list of the household establishments owned by the landlord located
within the City limits, whether occupied or not occupied.
B.Â
The address of each household establishment.
C.Â
A brief description of each household establishment.
D.Â
Whether or not said household establishment is inhabited or utilized
by tenants.
E.Â
The name(s) of the tenant or tenants utilizing the aforementioned
household establishment, if any.
A.Â
All appeals shall be made, in writing, to the City Council.
B.Â
Pending a reversal or modification, all decisions of the City shall
remain effective and enforceable.
C.Â
Appeals may be made by the following persons:
(1)Â
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.Â
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.Â
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.Â
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:
The following words and phrases used throughout this article
shall have the following meanings unless the context clearly indicates
otherwise:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The City of Clairton, Allegheny County, Commonwealth of Pennsylvania.
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.
Those properties used primarily for commercial or industrial
purposes, and those multiple dwelling residential buildings containing
more than four dwelling units.
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.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated food or beverage 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.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Includes but is not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by the City and other governmental
and quasi-governmental authorities.
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.
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.
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
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.
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.
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.
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]
Those materials separated at the point of origin for the
purpose of being recycled.
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.Â
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.Â
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.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article.
A.Â
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)Â
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)Â
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.Â
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.Â
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.Â
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)Â
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)Â
Establishing collection procedures for recyclable materials.
(3)Â
Establishing reporting procedures for amounts of materials recycled.
(4)Â
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
(5)Â
Establishing procedures and rules for the collection of leaf waste.
B.Â
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.Â
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.Â
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.