[HISTORY: Adopted by the Borough Council
of the Borough of Jersey Shore as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-1-1998 by Ord. No. 2-98]
This article shall be known as the "Jersey Shore
Borough Municipal Solid Waste Ordinance."
The following words and phrases when used in
this article shall have, unless the context clearly indicates otherwise,
the meanings given to them in this section:
Jersey Shore Borough, the governing body or its officials
thereof.
A person licensed by Lycoming County to collect, transport
and dispose of municipal waste.
A process of controlled biological decomposition of organic
materials producing a stable, aerobic humus-like product.
Lycoming County, Commonwealth of Pennsylvania and/or Lycoming
County Solid Waste Disposal Department.
The incineration, deposition, injection, dumping spilling,
leaking or placing of municipal waste into or on the land or water
in a manner that the solid waste or a constituent of solid waste enters
the environment, is emitted into the air or is discharged to the waters
of the Commonwealth of Pennsylvania.
Any site, location, area, incinerator resource recovery facility
or premises to be used for the ultimate disposal of municipal waste.
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semisolid or contained
gaseous material resulting from operation or residential, municipal,
commercial or institutional establishments and from community activities,
and any sludge not meeting the definition of residual or hazardous
wastes as defined in the Pennsylvania Solid Waste Management Act (35
P.S. § 6018.101 et seq.) from a municipal, commercial or
institutional water supply treatment plant, wastewater treatment plant
or air pollution control facility. Municipal waste shall not include
waste that is recycled in compliance with Borough ordinances regarding
recycling.
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.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include but are not limited to transfer facilities, composting facilities
and resource recovery facilities.
All materials which are discarded as useless.
Two or more times per month.
The off-site removal of any municipal waste at any time after
generation.
It shall be unlawful for any person to store,
dispose, dump, discard or deposit or to 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 of Jersey Shore. Municipal waste may be stored in proper containers,
provided that such waste is transported to a lawful disposal site
within seven days of the date of storage. Municipal waste that is
of such size or shape as to not permit its being placed in such containers
may be stored in such a manner as will prevent such waste from constituting
a danger or hazard to persons and property, provided that such waste
is transported to a lawful disposal site within seven days of the
date of storage. This section is not intended to prohibit use of a
properly maintained home compost pile or of a properly approved and
permitted demolition facility.
It shall be unlawful for any person to dump
or deposit municipal waste in any stream or body of water situate
within the Borough or upon any real estate situate within the Borough.
Nothing contained herein shall be deemed to
prohibit any person, not regularly engaged in the business of transporting
municipal waste for profit, from hauling municipal waste on an irregular
and unscheduled basis, so long as such hauling and disposal is in
accordance with the ordinances of this municipality and is permitted
by the Commonwealth of Pennsylvania, Department of Environmental Protection
(DEP).
Nothing contained in this article shall prohibit
a farmer or gardener from carrying out the normal activities of his
farming/gardening operation, including composting and spreading of
manure or other farm-produced agricultural wastes.
It shall be unlawful for any person, other than
such persons as are duly licensed by Lycoming County, to transport
municipal waste on a regular basis within or from the Borough.
Lycoming County shall authorize by issuance
of a license, collectors to collect and transport municipal wastes.
All applications for licensing shall be renewed by the Department
of Solid Waste of Lycoming County as license issuing agent for the
municipality and shall be approved in accordance with the following
criteria:
A.
Licenses may be issued to only those persons who provide
satisfactory evidence that they are capable of providing the necessary
services and can comply with, the provisions and intent of this article
and the rules and regulations established by the County Solid Waste
Department.
B.
At the time of application submission, the applicant
shall indicate that he has the appropriate type of sanitary watertight,
closed or covered truck with which to collect municipal wastes and
shall provide evidence that he carries sufficient liability insurance
on the vehicle.
C.
Licenses may be revoked at any time by Lycoming County
in accordance with the rules and regulations adopted by the Board
of County Commissioners and pursuant to the rules and regulations
of the DEP.
D.
Fees for such licenses shall be paid by the applicant
to Lycoming County and said fees shall be on the basis of costs as
provided for in the Rules and Regulations of Lycoming County Solid
Waste Disposal.
All municipal waste produced, collected and
transported from within the jurisdictional limits of the Borough or
from land owned or controlled by the Borough, to the extent permitted
by law, be disposed of only at facilities designated and permitted
by the Commonwealth of Pennsylvania, Department of Environmental Protection.
It shall be unlawful for any person, including
a licensed collector, to dispose of municipal waste collected within
the Borough of Jersey Shore at a place other than the facilities designated
in the Solid Waste Management Plan of the Borough of Jersey Shore,
as approved by the Department of Environmental Protection.
The disposal of bulky wastes, including but
not limited to appliances, furniture, auto parts and household goods
and equipment, shall be performed by commercial or private collection
unless a cleanup campaign by the Borough prescribes the manner of
collection and disposal.
The Borough hereby adopts by reference the Rules
and Regulations and Standards of the Department of Environmental Protection
as promulgated under and pursuant to the Pennsylvania Solid Waste
Management Act with respect to the storage, collection, transportation,
processing and disposal or municipal waste generated within the Borough
or upon property owned or controlled by the Borough.
The Rules, Regulations and Standards shall be
automatically amended from time to time with any lawful amendments
to the Rules, Regulations and Standards of the Department of Environmental
Protection.
Any person transporting municipal waste within
the Borough of Jersey Shore or its lands shall prevent or remedy any
spillage from vehicles or containers used in the transport of such
waste. The transportation of municipal waste shall take place only
between the hours of 6:00 a.m. and 7:00 p.m., on Monday through Saturday.
Any person who violates any provision of this
article shall be guilty of a summary offense, and shall upon conviction
be sentenced to pay a fine of not less than $100 nor more than the
maximum amount allowed by law, together with the costs of prosecution
and/or to undergo imprisonment for a period of not more than 30 days.
Every violator of this article shall be guilty of a separate offense
for each day that he causes or permits a violation to continue, and
shall be subject to the imposition of a separate penalty for each
and every such separate offense.
It is hereby designated that the Borough officials
to whom all notices under this article are to be given, and by whom
all provisions of this article are to be enforced, are Borough Codes
Enforcement Officer or Borough Secretary, Jersey Shore Borough Building,
232 Smith Street, Jersey Shore, Pennsylvania, or the Lycoming County
Solid Waste Disposal Manager, Lycoming County Courthouse, Williamsport,
Pennsylvania.
This article shall be subject to all applicable
federal, state and local laws, ordinances, rules and regulations including
the rules and regulations as set forth by the Department of Environmental
Protection, Commonwealth of Pennsylvania.
This article or any part thereof may be amended
from time to time in accordance with the procedures established by
law.
[Adopted 4-2-1990 by Ord. No. 2-90 (Ch.
20, Part 2, of the 1996 Code)]
The short title of this article shall be "The
Borough of Jersey Shore Recycling Ordinance," and the same may be
cited in that manner.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
As used in this article, the following terms
shall have the meanings indicated:
Empty all aluminum beverage and food containers.
Empty food or beverage containers consisting of steel and
aluminum.
Those properties used primarily for commercial or industrial
purposes and those multiple dwelling residential buildings containing
more than four dwelling units.
Church, school, civic, service group, municipal functions
and all other such functions.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated steel food or beverage containers.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers, and nursing homes.
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Having five or more dwelling units per structure.
Public facilities operated by the Borough of Jersey Shore
and other governmental and quasi-governmental authorities.
A source separation and collection program for recycling
municipal waste or source-separated recyclable materials, or a program
for designated dropoff points or collection centers for recycling
municipal waste or source-separated recyclable materials, that is
operated by or on behalf of a municipality. The term includes any
source separation and collection program for composting yard waste
that is operated by or on behalf of a municipality. The term shall
not include any program for recycling construction-demolition waste
or sludge from sewage treatment plants.
The Borough of Jersey Shore, Lycoming County, Pennsylvania.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded
are glossy advertising inserts often included with newspapers.
Owners, lessees and occupants of residences, commercial or
institutional establishments.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be regulated.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials.
Any occupied single or multifamily dwelling having up to
and including four dwelling units per structure.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Borough for beneficial use.
A.
There is hereby established a municipal recycling
program for the mandatory separation of recyclable materials from
solid waste by persons residing in single dwellings or multifamily
dwellings having up to and including four dwelling units per structure.
B.
The Borough of Jersey Shore shall schedule a day,
at least once a month, for collection of recyclable material, and
shall communicate it to the residents of the Borough.
A.
Recyclable materials from residential dwellings shall
be placed at the curb or other designated place separate from solid
waste for collection or taken to dropoff sites at such times, dates
and places and in such manner as may be established by regulation
of the Borough of Jersey Shore. Materials to be recycled are: clear
glass, brown glass, green glass and aluminum.
B.
The recyclable materials shall be placed in designated
containers which may be provided by the Borough and, if so provided,
said containers shall be the property of the Borough and remain with
the residence, regardless of owner or tenant.
C.
The materials to be recycled may be changed by amendment
to this article.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No. 4-96]
A.
Commercial, municipal and institutional establishments
shall separate and store, until collection, high-grade office paper,
corrugated paper and aluminum, and any other source separated recyclable
materials which they may elect to recycle. These establishments must
arrange for the transfer at least once a month of the materials to
a recycling system by a collector licensed by the Borough (for the
purpose of collecting source-separated recyclable materials). The
establishment shall annually provide to the Borough of Jersey Shore,
evidence of such arrangement.
B.
At all community activities, recyclable materials
designated by the Borough must be separated until collection. Sponsoring
organizations must arrange for the transfer of the materials to a
recycling system.
The owner, landlord or an agent for an owner
or landlord of multifamily housing properties of four or more units
shall establish a collection system for recyclables at each property.
Materials to be separated are all materials designated as being recyclables
for residential purposes under the terms of this article and any later
amendments or subsequent ordinances. 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,
landlords and agents of owners or landlords who comply with this article
shall not be liable for the noncompliance of occupants of their buildings.
No person may place a used lead acid battery
in mixed municipal solid waste, discard or otherwise dispose of a
lead acid battery except by delivery to an automotive battery retailer
or wholesaler, to a secondary lead smelter permitted by the Environmental
Protection Agency, or to a collection or recycling facility authorized
under the laws of the commonwealth.
All persons who reside in residential dwellings
and all persons who are responsible for administration of multifamily
housing properties, commercial, municipal and institutional establishments
who gather leaves shall source separate all leaves from other waste
and place them for collection at the times and in the manner prescribed
by the Borough of Jersey Shore. Nothing herein shall require any person
to gather leaves or prevent any person from utilizing leaves for compost,
mulch or other agricultural, horticultural, silvicultural, gardening
or landscape purposes.
A.
No person, other than such persons as are duly authorized
by the Borough, shall collect, transport and/or market source separated
recyclable materials within or from the Borough. Authorization shall
be given only by the Borough of Jersey Shore, or its designee, in
accordance with regulations established by said Borough.
B.
Licenses shall be valid for 12 months, unless revoked
by the Borough for violation of this article.
C.
Licenses shall be renewed annually by June 15 and
shall be valid from July 1 through June 30 of the following year.
D.
Nothing herein shall prohibit an individual from taking
his/her source-separated recyclable materials directly to a designated
dropoff site or to market in accordance with this article.
A.
Ownership of any recyclable materials is retained
by the owners, lessees and occupants of residences, commercial or
institutional establishments until the materials are placed at curbside
or a similar location for collection. Thereafter, once the materials
are placed at curb side or a similar location, they become the property
of the Borough or its contract collector.
B.
It shall be a violation of this article for any persons
unauthorized by the Borough to collect or pick up or cause to be picked
up any such recyclable material. Each such collection in violation
hereof shall constitute a separate and distinct punishable as hereinafter
provided.
A.
All recyclable materials must be delivered by the
authorized collector to sites for recycling.
B.
It shall be a violation of this article for the collector
of recyclable materials to deliver such materials to a landfill or
incinerator for the purpose of disposal unless the markets for such
material no longer exists. The collector will provide to the Borough
of Jersey Shore the weight receipts of the recyclable materials.
The Borough of Jersey Shore may enter into agreement(s)
with public or private agencies or firms to authorize them to collect
all or part of the recyclable material from curbside or from dropoff
collection points.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
A.
Any person who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine
not less than $100 and not exceeding $1,000 plus costs and, in default
of payment of said fine and costs to a term of imprisonment for a
term not to exceed 30 days. Each day that a violation of this article
continues shall constitute a separate .
B.
Responsibility for the enforcement of this article
shall be with the Borough of Jersey Shore Police and the Code Officer.
