Title 5. Other Services
Article 931
REFUSE STORAGE, COLLECTION AND DISPOSAL
Sections:
931.02 Mandatory collection by city contractor.
931.04 Refuse and recycling containers.
931.08 Large items, bulk items and white goods collection.
931.09 Recyclables collection.
931.12 Solid waste collection and disposal fee.
931.14 Criminal penalty provision.
931.01 Definitions.
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
(A) “Ashes” means the residue from the burning of wood, coal, coke or other combustible materials.
(B) “Bags” means plastic sacks designated for refuse with sufficient wall strength to maintain physical integrity when lifted by the top, securely tied at the top for collection, with a capacity not to exceed 32 gallons and a loaded weight not to exceed 25 pounds.
(C) “Bulk waste” or “bulk items” means a piece of furniture or waste material from a residential source other than construction debris or hazardous waste, with a weight greater than 25 pounds and volume greater than that allowed for carts. Pianos, organs, spas, hot tubs, and furnaces are excluded from the definition of bulk waste.
(D) “Cart” means a 35-, 64-, or 95-gallon plastic container, provided by the city, equipped with wheels, handles and a tight-fitting cover. Carts are capable of being mechanically unloaded into the contractor’s collection vehicles. The terms “cart” and “wheeled container” shall be considered interchangeable.
(E) “City” means the City of Meadville, Pennsylvania.
(F) “City billing agent” means the person and/or entity designated by the city to act as the billing agent to send invoices and receive fees related to refuse and recyclables.
(G) “City contractor” means the person holding the refuse collection and disposal contract with the city.
(H) “Curbside” means the nearest point at the side of a roadway.
(I) “Demolition waste” or “construction debris” means the waste materials generated by the construction, alteration or demolition of buildings or structures and shall include but is not limited to lumber, masonry, plaster, concrete, asphalt, shingles, siding, glass, fixtures, piping, wiring and similar materials. It shall not include items designated as “hazardous materials.” The terms “demolition waste” and “construction debris” shall be considered interchangeable.
(J) “Detachable container” or “dumpster” means a watertight, all-metal container, not less than three quarter cubic yards in capacity and equipped with a tight-fitting metal or plastic cover. The term shall also apply to containers of other material of similar size when approved by the city. Detachable containers two cubic yards and under shall be equipped with at least four wheels. Detachable containers shall have no jagged edges or holes.
(K) “Food waste” means vegetable and other food scraps, including meat, dairy products, grease and bones, paper which has been contaminated with food, fat or grease, and compostable paper including paper towels, paper plates, tissue and waxed paper.
(L) “Garbage” means all discarded putrescible waste matter but not including sewage or sewage sludge, human excrement, source separated recyclables or leaf waste.
(M) “Generator” means a person or municipality that produces or creates municipal waste.
(N) “Hazardous waste” means waste designated as hazardous by the United States Environmental Protection Agency or the Pennsylvania Department of Environmental Protection.
(O) “Large items” means items that are too large to be placed inside the cart or inside of a 32-gallon bag, with an individual weight no greater than 25 pounds and which do not meet the definition of a bulk item. These items include lamps, bicycles, large toys and swing sets, vacuum cleaners, and other small household appliances, aluminum and plastic resin lawn furniture, an individual cut and tied bundle of carpeting measuring no more than four feet in length and meeting the weight requirements, as well as other items of similar size, weight and compactable nature.
(P) “Leaf waste” or “yard waste” means plant material (leaves, branches, brush, flowers, roots, wood waste, etc., but not including grass clippings); debris commonly thrown away in the course of maintaining yards and gardens. Leaf waste does not include loose soils, sod, food waste including from gardens or orchards, food compost, plastics and synthetic fibers, lumber, any wood or tree limbs over four inches in diameter, human or animal excrement, noxious weeds and soil contaminated with hazardous substances. With the exception of holiday trees, materials larger than four inches in diameter and four feet in length shall not be considered leaf waste and shall not be subject to collection.
(Q) “Multifamily dwelling” means structures containing four or more dwelling units within a single structure. This shall include apartment buildings, but shall not include rooming houses or single-family dwellings converted into rental units with common kitchen and bath facilities or attached single-family residences.
(R) “Municipal waste” means 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 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.
(S) “Owner” shall be the person(s) identified as owners of the real estate among the official records of the county and such other persons who may have the right of possession and control of the premises under a lease, agreement or similar arrangement.
(T) “Person” means every natural person, firm, corporation, partnership, association or other entity.
(U) “Recyclables” means mixed waste paper (including corrugated), newspapers, magazines, bi-metal and aluminum cans, glass bottles and jars, plastic containers Numbers 1 through 7 and other items as designated by the Pennsylvania Department of Environmental Protection.
(V) “Refuse” means all putrescible and nonputrescible solid wastes, except body wastes, and includes but is not limited to garbage, rubbish, ashes, dead animals, abandoned automobiles, and solid industrial and mercantile wastes.
(W) “Residential dwelling unit” or “dwelling unit” means a group of rooms located within a building and forming a single, habitable unit with facilities that are used or are intended to be used for living, sleeping, cooking and eating. A rooming house, single-family residence converted into rental units with common kitchen and bathroom facilities and attached single-family residences shall be considered a single residential dwelling unit for purposes of this code.
(X) “Residential” or “residence” means any house, dwelling, multifamily dwelling, apartment house or any building put to residential use or containing one or more residential dwelling units.
(Y) “Rubbish” means nonputrescible solid wastes, except ashes, and consists of both combustible and noncombustible wastes, such as paper, metal containers, wood, glass, bedding, crockery and similar materials.
(Z) “Solid waste” means ashes, garbage, refuse and rubbish and municipal waste as heretofore defined.
(AA) “White goods” means all major appliances, such as washers, dryers, refrigerators, freezers, stoves, dishwashers, hot water tanks, and trash compactors and other items of similar weight, material, size and nature. (Ord. 3711 § 1, 2012)
931.02 Mandatory collection by city contractor.
(A) All solid wastes generated by or accumulated at a residence in the City of Meadville shall be collected by the city contractor for disposal in accordance with the city contract.
(B) Exceptions. Exceptions to the mandatory use of the city contractor for solid waste collection include the following:
(1) Multifamily dwellings within a single structure, containing four or more dwelling units.
(2) Buildings and facilities used for commercial, industrial and institutional uses, including but not limited to uses such as schools, colleges including dormitories, hospitals, nursing and personal care facilities, manufacturing facilities, retail sales facilities, professional offices and governmental facilities.
(3) Buildings located in the central business zoning district which contain both commercial and residential uses.
(C) Persons generating solid waste may contract with private haulers to collect materials which are not collected under the city contract.
(D) Generators of solid waste or owners of real estate may contract with private haulers for the collection of any refuse which is in excess of the quantity permitted under the city contract.
(E) All solid wastes accumulated within the city as a result of commercial, mercantile or industrial usage of real estate and improvements thereupon located within the corporate boundaries of the city shall be collected, conveyed and disposed of by the owner of either the real estate upon which said waste was generated or by the owner of the real estate upon which said solid waste was accumulated, by collectors or haulers of such owner’s choice.
(F) Persons responsible for the collection and disposal of solid waste from commercial or industrial property may contract with the city for collection and disposal of such solid wastes from the commercial or industrial property, provided:
(1) The waste is comparable in quantity and quality to that of a residential dwelling unit;
(2) The required collection is compatible with the city’s collection schedule;
(3) The city’s standard collection and disposal fee is paid. (Ord. 3711 § 1, 2012)
931.03 Unacceptable waste.
The following items or materials shall not be placed for collection or put in containers set out for collection:
(A) Hazardous waste.
(B) Flammable liquids.
(C) Explosives or fireworks.
(D) Radioactive material.
(E) Infectious or toxic household waste.
(F) Ammunition.
(G) Paints or varnishes.
(H) Photo chemicals.
(I) Insecticides.
(J) Weed killers.
(K) Pool/spa chemicals.
(L) Propane tanks.
(M) Oxygen tanks.
(N) Solvents.
(O) Lead acid batteries.
(P) Vehicle oil and fluids.
(Q) Vehicle tires.
(R) Televisions.
(S) Computers, computer printers, and computer components. (Ord. 3711 § 1, 2012)
931.04 Refuse and recycling containers.
(A) All residences required to use the city contractor for collection services shall put the solid waste in carts provided by the city or bags to which is attached a tag purchased from the city, for collection.
(B) Each residence will be provided with a cart to be used for recyclable collection. The cart shall be specifically identified by color designated by the city and other means of identification. This cart shall be used for collection of recyclables.
(C) Each residence will be provided with a separate cart; either a 35-gallon, 64-gallon or 95-gallon cart as determined by the owner, which shall be specifically identified by color designated by the city and other means of identification. This cart shall be used for collection of acceptable solid waste and refuse.
(D) An owner may choose to not acquire a cart for collection of solid waste or refuse for a particular residence in which case the owner shall acquire tags from the city administrator, the treasurer’s office, police dispatch or online at the city’s website, www.cityofmeadville.org, for application to bags which shall be used for collection of acceptable solid waste and refuse. If a cart is not used, all refuse and solid waste must be placed in a bag with a tag and set out for collection.
(E) Owners of premises may change the size of the refuse collection container or change from bags to cart for refuse collection in accordance with the policy and procedure and upon payment of fees adapted from time to time by resolution of city council. Owners of new residences, or vacated residences without cart refuse service, shall be given the choice of cart size at no charge at the time of their initial occupation of the residence. Further cart size requests will require payment of a cart exchange fee, which will be a minimum of $25.00, and which will be adjusted by the city on an annual basis as part of its general fee ordinance.
(F) All bags shall be securely fastened at the top, watertight, leak proof and in good condition. All carts shall be maintained in a clean and sanitary condition.
(G) Bags shall not have a capacity greater than 32 gallons or weigh more than 25 pounds.
(H) Carts filled with refuse shall not weigh more than 60 pounds for each 35 gallons of capacity and shall be loaded so that the cover or lid fits on top of the waste in the container.
(I) Carts are owned by the city and are city property. The carts delivered to each residence shall be identified as the cart or carts to be used for services at that location and remain with the residence for use by current and successive owners, and current and successive residents of the premises.
(J) Damage to carts shall be reported to the city contractor or city administrator so that the carts can be repaired or replaced as necessary.
(K) Owners of residences provided with carts by the city for refuse or recycling collection shall be liable for all carts lost, destroyed or damaged, except when the loss or damage has been caused by the city contractor or by persons over whom and under circumstances where the owner had no control. (Ord. 3711 § 1, 2012)
931.05 Place of collection.
(A) All solid waste, yard waste and recyclables shall be placed for collection at curbside as follows:
(1) If the property abutting the street is reasonably level, the carts or bags shall be placed on the owner’s driveway or yard area adjacent to the street within eight feet of the curb or street.
(2) If the property abutting the street is sloped at a grade making placement of a cart difficult, a cart may be placed at the nearest reasonably level area.
(B) Where extraordinary circumstances exist, as determined by the city, the city shall make arrangements with the owner of the property and the city contractor for a suitable location which shall be designated and used. (Ord. 3711 § 1, 2012)
931.06 Time for collection.
(A) Solid waste, yard waste and recyclables shall be set out for collection on the day of the week for which collection is scheduled. Notice regarding the collection schedule shall be provided by the city.
(B) Carts and bags may not be placed at the curb for collection before 12:00 p.m. (prevailing time) of the scheduled day for collection, and must be removed from the curb and stored within 24 hours after collection. For the purposes of this subsection, “stored” means placed and kept while not at the curb for collection either (a) behind the front wall of the house or building (including porches) the carts serve; or (b) within three feet of the front of the house or building (including porches) the carts serve and screened from view of the abutting public right-of-way by an opaque fence, wall or hedge to a height of at least the height of the refuse cart; or (c) inside of an enclosed structure. In the event that the city, through its designated agent and upon request by an affected property owner, determines that compliance with the cart storage criteria is impossible or unduly burdensome due to specific structural or topographic issues, such requirement can be waived in the city’s sole discretion with respect to such specific property. (Ord. 3776 § 1, 2019)
931.07 Yard waste collection.
(A) Between April 1st and November 30th, yard waste may be placed for collection on days scheduled for such collection, which collection shall occur every other week, as designated by the city, on refuse collection day.
(B) Curbside collection of falling leaves from trees will be provided in the fall of each year in accordance with a schedule established by the city and subject to the rules and regulations adopted by the city.
(C) Yard waste may include plant materials from yards or gardens, such as leaves, branches, brush, flowers, roots and wood waste, but shall not include loose soil, grass clippings, garbage, food waste, plastic or synthetic fibers, lumber, wood or tree limbs over four inches in diameter or four feet in length or fecal matter.
(D) Yard waste must be placed in biodegradable paper bags approved by the city and available from the city or designated retail outlets. These bags placed at the curb for collection shall not exceed 40 pounds. (Ord. 3711 § 1, 2012)
931.08 Large items, bulk items and white goods collection.
(A) Large items and bulk items shall be collected on the days scheduled for refuse collection at an additional cost to owner. White goods will be collected on a day scheduled by the city and collected by the city.
(B) Residents may purchase tags for large items which do not exceed 25 pounds in weight. Tags will be available for purchase from the city. Each individual large item shall be considered one unit and the equivalent of one tagged bag of garbage. The contractor shall collect all such tagged units from the structures serviced.
(C) Residents may purchase tags for bulk items and white goods from the city. Bulk items and white goods shall not be placed for collection on the curbside as to interfere with the collection of carts or any street right-of-way.
(D) Tags for bulk items, white goods, large items and bagged garbage will all have an appearance and cost different from each other.
(E) Under extraordinary circumstances, residents may make special arrangements with the city and city contractor for collection at other times. (Ord. 3711 § 1, 2012)
931.09 Recyclables collection.
(A) Recyclables shall be collected on a periodic schedule to be determined by the city from all premises mandated to use the refuse collection services of the city contractor on the same day scheduled for refuse collection. Owners will be notified of the schedule.
(B) All persons in the City of Meadville shall separate recyclables from the solid waste; place recyclables in the cart designated for recyclable collection, and place the recyclables cart out for collection on the day for scheduled collection.
(C) Only the materials defined and officially designated as recyclable materials shall be placed for collection or put in the recyclables cart for collection. Materials and items which are and are not recyclable shall be identified and described in a policy adopted from time to time by resolution of city council and notice of this policy shall be delivered to each customer.
(D)(1) Persons must separate recyclables as designated in the refuse and recyclable collection contract in effect from other municipal waste generated at their homes, apartments and other residential establishments and to store such materials until collection.
(2) Nothing in this section shall be deemed to impair the ownership of separated materials by the person who generated them unless and until such materials are placed at curbside or similar location for collection by the city or its agents.
(3) Persons must separate leaf waste from other municipal waste generated at their homes, apartments and other residential establishments until collection unless those persons have otherwise provided for the composting of leaf waste. Such composting shall include mulching and similar activities.
(4) Owners of multifamily rental housing properties with four or more units may comply with its responsibilities under this section by establishing a collection system for recyclable materials at each property. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Owners who comply with this act shall not be liable for the noncompliance of occupants of their buildings.
(E)(1) Persons must separate high grade office paper, aluminum, corrugated paper and leaf waste and other materials deemed appropriate by the city generated at commercial, municipal or institutional establishments and from community activities and to store the material until collection.
(2) Nothing in this section shall be deemed to impair the ownership of separated materials by the person who generated them unless and until such materials are placed at curbside or similar location for collection by the city or its agents.
(3) Persons occupying commercial, institutional and municipal establishments shall be exempt from the requirements of this section if those persons have otherwise provided for the recycling of materials they are required by this section to recycle. To be eligible for an exemption under this subsection, a commercial or institutional solid waste generator must annually provide written documentation to the municipality of the total number of tons recycled. (Ord. 3734 § 1, 2015; Ord. 3711 § 1, 2012)
931.10 Prohibited conduct.
It shall be unlawful for any owner or other responsible person to:
(A) Fail to comply with the regulations set forth in this article for the handling, collection, storage and disposal of refuse, solid waste and recyclable materials.
(B) To dispose of solid waste refuse and recyclables except in conformity with the regulations of this article.
(C) To place solid waste or refuse or recyclables out for collection except in the designated and permitted containers.
(D) For any person to transport any refuse off a premises or onto or across a public right-of-way except by a licensed and permitted hauler in an authorized vehicle. This would not include transportation of recyclables as defined herein to an approved recycling facility. (Ord. 3734 § 2, 2015; Ord. 3711 § 1, 2012)
931.11 Administration.
The regulations set forth in this article shall be administered and enforced by a city official or officials designated by the city manager. For purposes of this article, the person so designated shall be referred to as “refuse and recycling administrator” or “administrator.” (Ord. 3711 § 1, 2012)
931.12 Solid waste collection and disposal fee.
(A) An annual solid waste collection and disposal fee for each residential dwelling unit shall be collected from the owner of each parcel of real estate within the city upon which one or more residential dwelling units are located. The director of public works shall determine the number of residential dwelling units existing upon each such parcel. Said fees shall be paid in equal monthly installments. Said fees shall be paid to and collected by the Meadville area water authority. Accounts shall be considered delinquent if not paid on or before the due date shown on each billing. Premises serviced by accounts with bills which are delinquent 60 days or more are subject to termination of services (shut-off). Unless the entire balance due and owing together with a service charge of $4.00 per unit for each month or part of month by which such payment is late is paid within seven days of the date of mailing of notice from the billing agent, service may be terminated. Service shall be resumed after any termination only upon repayment of the bill and all accumulated service charges plus an additional service resumption fee of $15.00. Said fees shall be assessed as follows:
(1) The following annual rates per residential dwelling unit for customers with fewer than 50 billable units billed on one bill; and
(a) No cart service: $252.00.
(b) Thirty-five-gallon cart service: $282.00.
(c) Sixty-four-gallon cart service: $288.00.
(d) Ninety-five-gallon cart service: $294.00.
(2) An annual rate of $264.00 per residential dwelling unit for customers with 50 or more billable units all billed on one bill.
(3) Additional rates per residential dwelling unit for tag items:
(a) Tag per large item bag: $1.25.
(b) Tag per bulk item: $20.00.
(c) Tag per white goods item: $25.00. (Ord. 3794 § 4, 2021; Ord. 3784 § 4, 2020; Ord. 3782 § 4, 2019; Ord. 3776 § 2, 2019)
931.13 Enforcement.
(A) Any person who is not acting in compliance with the requirements of this article as determined by the administrator shall be given a written notice by hand delivery, or regular mail, at the last known or readily ascertainable address, of the violation and action required to avoid further enforcement proceedings. If corrective action is not taken in a timely manner, the administrator, with the approval of the city manager, may institute enforcement proceedings in the district magistrate court or in any other court of law for a penalty or such other legal relief as proper and available at law.
(B) For purposes of this article, persons responsible for compliance with these regulations shall include the owners of record of the premises subject to the regulations, as well as all other persons in possession of the subject premises, including but not limited to tenants or managers. (Ord. 3711 § 1, 2012)
931.14 Criminal penalty provision.
Any owner as defined herein who shall violate any provisions of this article shall, upon conviction in a court of competent jurisdiction, be guilty of a summary offense and shall be subject to a fine of not more than $1,000 and costs of prosecution or, in default of payment of such fines and costs, to undergo imprisonment for a period not to exceed 30 days. Each day a violation continues shall constitute a separate violation and shall be deemed a separate offense. (Ord. 3711 § 1, 2012)