Pennsylvania § 12409 - Accumulation of ashes, garbage, solid waste and refuse materials.

§ 12409. Accumulation of ashes, garbage, solid waste and refuse materials.

(a) General rule.--Council in the manner authorized by the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, may prohibit accumulations of ashes, garbage, solid waste and other refuse materials upon private property, including the imposition and collection of reasonable fees and charges for the collection, removal and disposal.

(b) Collection and removal.--

(1) Council may collect and remove, by contract or otherwise, ashes, garbage, solid waste and other refuse materials and recyclables and prescribe penalties for the enforcement.

(2) A contract with refuse haulers may be made for an initial period not to exceed five years with optional renewal periods of up to five years.

(3) The limitation in paragraph (2) does not apply to a contract with a county or municipal corporation.

(c) Disposal.--

(1) Council may dispose of, by contract or otherwise, ashes, garbage, solid waste or other refuse materials.

(2) A contract with the owner of a private facility for the disposal or incineration of ashes, garbage, solid waste or other refuse materials may be made for a period not to exceed 20 years.

(3) The limitation in paragraph (2) does not apply to a contract with a county or municipal corporation.

(d) Acquisition of real property and facilities.--

(1) Council may acquire any real property and erect, maintain, improve, operate and lease, either as lessor or lessee, facilities for incineration, landfill or other methods of disposal, either inside or outside the limits of the city, including equipment, either separately or jointly, with a county or municipal corporation in order to provide for the collection, removal, disposal and destruction of ashes, garbage, solid waste or other refuse materials, for the collection and storage of recyclable materials or for the composting of leaf and yard waste.

(2) Council may provide for the payment of the cost out of the funds of the city.

(3) Council may acquire land for landfill purposes, either amicably or by exercising the power of eminent domain, and may maintain lands and places for the dumping of ashes, garbage, solid waste or other refuse materials.

(4) If council acquires land outside the limits of the city by exercising the power of eminent domain, the taking shall be subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings).

(e) Rates and charges.--

(1) Council may establish, alter, charge and collect rates and other charges for:

(i) the collection, removal and disposal of ashes, garbage, solid waste, other refuse materials and recyclable materials; and

(ii) the cost of including the payment of any indebtedness incurred for the construction, purchase, improvement, repair, maintenance and operation of any facilities for collection, removal and disposal; and

(iii) the amount due under a contract with a county or municipal corporation furnishing the services or facilities.

(2) The rates and other charges shall be collected pursuant to the Municipal Claim and Tax Lien Law or by a civil action.

(f) Appropriations.--Council may make appropriations to a county or municipal corporation for the construction, purchase, improvement, repair, maintenance and operation of a facility for the collection, removal, disposal or marketing of ashes, garbage, solid waste, other refuse materials, recyclable materials or composted leaf and yard waste.

(g) Exclusion from other laws.--A city shall not be subject to requirements otherwise imposed by law for the sale of personal property owned by the city when selling recyclable materials or materials separated, collected, recovered or created by recycling, as provided in the act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding the sale of recyclable material from political subdivision personal property sale restrictions relating to advertising and bidding."