[Adopted 7-6-1987 by Ord.
No. 291 (Ch. 20, Part 1, of the 1983 Code of Ordinances)]
This article shall be known and may be cited as the "Catawissa
Municipal Waste Management Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
A person applying for a license as a collector.
Catawissa Borough, Columbia County, Pennsylvania.
A person licensed by the Borough to collect, transport and
dispose of municipal waste.
Incineration, deposition, injection, dumping, spilling, leaking
or placing of municipal waste into or on the land or water in such
a manner that the municipal waste or a constituent thereof enters
the environment, is emitted into the air or is discharged into the
waters of the Commonwealth of Pennsylvania.
Any site, location, area, building, structure, transfer station
or premises to be used for municipal waste disposal.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
All products made from silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packaging
or bottling of various matter and all other material commonly known
as "glass," excluding, however, blue and flat glass and glass commonly
known as "window glass."
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities,
except farm-produced manure, other agricultural waste and food processing
waste used on land where such materials will improve the condition
of the soil, the growth of crops, or the restoration of the land for
the same purposes, and any sludge not meeting the definition of "residual
or hazardous wastes" as defined in Pennsylvania Act 97.[1]
Paper of the type commonly referred to as "newsprint" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest. Magazines and periodicals as well as all
other paper products of any nature are not considered newspaper.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Material having an economic value in the secondary materials
market. The following materials have such economic value: aluminum
cans and articles, bimetal cans, glass containers, corrugated paper
(cardboard and paper bags), magazines, computer printout paper, computer
tab cards, office paper, steel cans, newspaper, and paper products
not chemically coated.
Garbage, rubbish and trade waste.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
The off-site removal of any municipal waste at any time after
generation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
It shall be unlawful for any person to store, dump, discard
or deposit, or permit the storage, dumping, discarding or depositing
of, any municipal waste upon the surface of the ground or underground
within the jurisdictional limits of the Borough, except in proper
containers for purposes of storage or collection, and except where
the waste is of such size or shape as not to permit its being placed
in such containers.
It shall be unlawful for any person to dump or deposit municipal
waste in any stream or body of water within the jurisdictional limits
of the Borough.
Nothing contained herein shall be deemed to prohibit any person
from hauling such municipal waste on an irregular and unscheduled
basis to any facility permitted by the Commonwealth of Pennsylvania,
Department of Environmental
Protection.
Nothing contained in this article shall prohibit a farmer from
carrying out the normal activities of his farming operation, including
composting and spreading of manure or other farm-produced agricultural
wastes.
It shall be unlawful for any person, except one duly authorized
by the Borough, to collect, transport and dispose of municipal waste
of any nature within or from the Borough.
Persons who collect, transport and dispose of their own municipal
waste are hereby authorized to do so, provided that they comply with
all relevant provisions of this article.[1]
The storage of all municipal waste shall be practiced so as
to prevent the attraction, breeding or harborage of insects or rodents
and to prevent conditions which may create potential hazards to the
public health or which create fire and other safety hazards, odors,
unsightliness or a public nuisance.
Any person accumulating or storing garbage on private or public
property in the Borough for any purpose whatsoever, including waste
being stored temporarily for door-to-door collection, shall place
the same or cause the same to be placed in sanitary closed or covered
containers in accordance with the following standards:
A.
Containers used for the storage of municipal waste shall be of metal,
plastic or fiberglass construction; rust- and corrosion-resistant;
equipped with lids; waterproof and leakproof. Said containers shall
be allowed at the curb area only for a period of 24 hours once every
seven days.
[Amended 6-5-2017 by Ord.
No. 01-2017]
B.
A sufficient number of containers shall be provided to contain all
municipal waste materials generated during periods between regularly
scheduled collections that are required to be placed in containers.
A.
No person, except the occupants of the property on which a waste
container is placed and an authorized collector, shall remove the
lid of the container and/or remove the contents thereof.
B.
Municipal waste of a highly flammable or explosive nature, or highly
infectious or contagious refuse, shall not be stored for ordinary
collection, but shall be disposed of in accordance with the directions
of the Borough.
To facilitate collection, bulk containers shall be placed, whenever
possible, at ground level and at a point on the property being serviced
by the collector that will enable clear and easy access to the container
by the collector's vehicle.
All municipal waste produced, collected and transported from
within the jurisdictional limits of the Borough shall be promptly
disposed of at facilities permitted by the Pennsylvania Department
of Environmental Protection, and in accordance with the Borough's
solid waste management plan.
In addition to other disposal procedures permitted by this article,
bulky wastes, such as, but not limited to, refrigerators, stoves,
other appliances, pieces of furniture, auto parts and other such household
goods and equipment, may be disposed of in the manner designated by
the Borough at any cleanup or collection fixed or set by the Borough.
Any person transporting municipal waste within the Borough shall
prevent and/or clean up and remove any spillage from vehicles or containers.
Municipal waste shall be collected by a collector at least once
each week.
Any persons who dispose of their own municipal waste shall collect
the same at intervals short enough to prevent accumulations of refuse
that may be unsafe, unsightly or potentially harmful to the public
health.
All agreements and charges for collection, transportation and
disposition of municipal waste shall be by private contract between
the person and the collector.
The municipality may establish and revise from time to time
regulations for the placing of recyclables for collection.
From the time of placement of recyclables at the curb by anyone
for collection, in accordance with the terms hereof, such items shall
be and become the property of the party designated by the municipality
or its agents. It shall be a violation of this article for any unauthorized
person to collect or pick up, or cause to be collected or picked up,
any such items. Any and each such collection in violation hereof from
one or more residences shall constitute a separate and distinct offense
punishable as hereinafter provided.
Any person violating any of the provisions of this article shall
be guilty of a summary offense and shall upon conviction thereof be
sentenced to pay a fine and costs of prosecution, or, in default of
payment of such fine and costs, to undergo imprisonment for not more
than 30 days. Every violator of the provisions of this article shall
be deemed guilty of a separate offense for each and every day such
violation shall continue and shall be subject to the penalty imposed
by this section for each and every such separate offense.
Should any section, paragraph, sentence, clause or phrase of
this article be declared unconstitutional or invalid for any reason,
the remainder of this article shall not be affected thereby.
This article shall be subject to all applicable federal and
state laws, rules and regulations, including the rules and regulations
promulgated by the Pennsylvania Department of Environmental Protection.
The Borough Council may establish and revise regulations governing
any matters covered by this article.
