This Ordinance shall be known and may be cited
as the "Eagles Mere Borough Solid Waste Storage, Collection and Disposal
Ordinance."
This chapter is enacted pursuant to the Solid
Waste Management Act, P.L. 380 No. 97, July 7, 1980, as amended, the Municipal Waste Planning, Recycling and Waste Reduction
Act, No. 101, July 28, 1988, as amended, and the Borough Code, P.L 1656, No. 581, February 1, 1966,
as amended.
It is the purpose of this chapter to:
A. Protect the public health, safety and welfare from
the short- and long-term dangers of collection, transportation, processing
and storage of solid waste.
B. Establish a program for the safe and effective management
of solid waste materials.
C. Establish and implement regulations over the storage,
treatment, processing and disposal of solid waste materials.
[Amended 12-1-2008 by Ord. No. 2008-02]
For the purpose of this chapter, the following
words shall have the following meanings:
BOROUGH
The Borough of Eagles Mere, Sullivan County, Pennsylvania.
DISPOSAL
The deposition, injection, dumping, spilling, leaking or
placing solid waste into or on the land or water in a manner that
solid waste or a constituent of the solid waste enters the environment,
is emitted into the air or is discharged into the waters of this commonwealth.
HAZARDOUS WASTE
All waste defined as hazardous waste in the Solid Waste Management
Act.
MUNICIPAL WASTE
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 wastewater treatment plant or air pollution control
facility. This term does not include source separated recyclable materials.
PERSON
Any individual, partnership, corporation, association, institution
or cooperative enterprise. In any provisions of this chapter 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.
SOLID WASTE
All waste defined as solid waste in the Solid Waste Management
Act, P.L. 380, No. 97, July 7, 1980, as amended.
[Amended 12-1-2008 by Ord. No. 2008-02]
STORAGE
The containment of any solid waste on a temporary basis in
such a manner as not to constitute disposal of such waste.
[Amended 12-1-2008 by Ord. No. 2008-02]
All municipal waste shall be gathered and removed
only by the Borough or its designee in accordance with the rules and
regulations adopted pursuant to this chapter.
It shall be unlawful for any person other that
the owner or an agent or representative of the Borough, or any employee
of the person, firm or corporation holding a contract with the Borough
to interfere in any manner with any vessel, can or receptacle from
the location where the same was placed by the owner thereof or to
remove the contents from any such vessel, can or receptacle.
[Added 1-3-2000 by Ord. No. 2000-1;
amended 12-1-2008 by Ord. No. 2008-02]
Burning of solid waste in the Eagles Mere Borough is prohibited except the following: paper, wood and wood by-products, brush, leaves and dry vegetative waste in accordance with the rules and regulations adopted pursuant to this chapter. "Municipal waste" is described in §
83-4 and should be disposed of accordingly.
Every person, firm, association or corporation
producing municipal waste or being responsible for the disposal or
existence of municipal waste or for whom such municipal waste is removed,
or being the owner of any premises on which municipal waste is in
existence or produced, and which accumulations require removal, shall
pay and be subject to the fees to be set by Borough Council by resolution.
[Amended 12-1-2008 by Ord. No. 2008-02]
No person, firm, association or corporation
shall dispose of any hazardous waste in the Borough.
After the effective date of this chapter, the
Borough may promulgate, and thereafter revise as appropriate rules
and regulations necessary to carry out the purposes and provisions
of this chapter.