[HISTORY: Adopted by the Borough Council
of the Borough of Eagles Mere 11-1-1993 by Ord. No. 106. Amendments noted where
applicable.]
This Ordinance shall be known and may be cited
as the "Eagles Mere Borough Solid Waste Storage, Collection and Disposal
Ordinance."
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:
The Borough of Eagles Mere, Sullivan County, Pennsylvania.[1]
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.
All waste defined as hazardous waste in the Solid Waste Management
Act.
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.
[2]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.
[3]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]
The Act of July 7, 1980 P.L. 380, No. 97, as amended from
time to time.
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]
[1]
Editor's Note: The former definition of "Borough
Council," which immediately followed this definition, was repealed
12-1-2008 by Ord. No. 2008-02.
[2]
Editor's Note: The former definition of "Municipal
Waste Planning, Recycling and Waste Reduction Act," which immediately
followed this definition, was repealed 12-1-2008 by Ord. No. 2008-02.
[3]
Editor's Note: The former definition of "Residual
waste," which immediately followed this definition, was repealed 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.
A.
Every resident, householder, tenant, hotelkeeper,
apartment dweller, house owner, duplex owner, restaurant keepers,
boardinghouse keeper, wholesale and retail dealer, as well as parties
or persons occupying dwellings or units thereof, including all private
persons, associations and corporations shall provide or cause to be
provided and kept at all times, portable vessels, receptacles or cans
of a capacity of not more than 30 gallons or not less than 10 gallons
to be watertight, with lids and handles, and shall further require
said vessels, cans or receptacles to have locking-type lids or straps
to prevent removal by animals and to prevent accidental spills.
[Amended 1-3-2000 by Ord. No. 2000-1]
B.
Municipal waste placed in vessels, cans or receptacles
shall be thoroughly drained by the person producing or responsible
for said municipal waste and shall be placed in a plastic garbage
bag and closed, tied or otherwise sealed at the top to prevent the
bag from opening. The bag and contents thereof shall be placed wholly
within the vessel, can or receptacle so that the lid can be tightly
fitted. Such vessels, cans or receptacles may be placed in moveable
covered bins that hold no more than two thirty-gallon garbage cans
or their equivalent, provided that the bins are located outside of
the right-of-way of any street or road.
[Amended 12-1-2008 by Ord. No. 2008-02]
C.
The receptacles, cans or vessels shall be accessible
to the collector when called for and each owner or person responsible
for such municipal waste shall provide sufficient receptacles, cans
or vessels to contain municipal waste.
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.[1]
[1]
Editor's Note: Former Section IX, regarding
transportation by authorized persons, which immediately followed this
section, was deleted 12-1-2008 by Ord. No. 2008-02.
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.
A.
Any person who violates any provision of this chapter
or any resolution enacted pursuant hereto shall, upon conviction thereof,
be sentenced to pay a fine of not less than $100 and not more than
$1,000, plus costs of prosecution, and in default of payment of such
fine and costs to undergo imprisonment of not more than 30 days.
B.
Any person who shall fail to make payment of any moneys
due to the Borough pursuant to the provisions of this chapter shall
be subject to collection by an action in assumpsit or by municipal
lien, or both.
