[Ord. 2-2003, 5/5/2003, Art. I]
1. 
Legislative History. This Part is adopted pursuant to Article 1, § 27, of the Constitution of Pennsylvania and Act of Assembly, July 28, 1988, No. 101, 53 P.S. 4000.101 et seq., for the following purposes:
A. 
Whereas, § 27 of Article I of the Constitution of the Commonwealth of Pennsylvania provides that the people have the right to clean air, pure water and to the preservation of the natural, scenic, historic and aesthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the commonwealth shall conserve and maintain them for the benefit of all the people.
B. 
Whereas, the Act of July 28, 1988, No. 101, known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," provides that each municipality of the commonwealth shall have the power and duty to adopt and implement programs for the collection and recycling of municipal waste or source separated recyclable materials.
C. 
Whereas, conservation of recyclable materials has become an important public concern because of the growing problem of solid waste disposal and its impact on our environment.
D. 
Whereas, the county's designated solid waste landfill benefits greatly from municipal recycling programs.
E. 
Whereas, there is an increasing necessity to conserve our natural resources.
F. 
Whereas, the collection of recyclable materials from residences and commercial, industrial, and institutional establishments promotes the general public interest.
G. 
Whereas, the adoption and implementation of recycling will effect the conservation of natural resources, the protection of the right of the people to clean air, pure water and preservation of the environment.
2. 
Short Title. This Part 1 shall be known as the "Township of Jackson Recycling Ordinance," and the same may be cited in that manner.
3. 
Purpose. The Township of Jackson, recognizing that reclamation of recyclable materials has become an important method for addressing the growing solid waste disposal problem through conservation of landfill space, preservation of natural resources, and a reduction in energy consumption, does hereby authorize the storage, collection, and transportation of recyclable materials in accordance with the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act (No. 101), the Lebanon County Solid Waste Management Plan, and this Part. This Part is intended to be an integral part of an overall system designated to facilitate recycling and foster the cooperation of the residents.
[Ord. 2-2003, 5/5/2003, Art. II]
The following words and phrases, when used in this Part 1, shall have, unless the context clearly indicates otherwise, the meanings given to them in this Part:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
AUTHORITY
The Greater Lebanon Refuse Authority.
BIMETAL CONTAINERS
Empty metal beverage or food containers consisting of steel and aluminum.
COMMERCIAL
Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters. For the purposes of this Part 1, multifamily dwellings, townhouses, mobile home parks, hotels, motels, mixed-use properties (combined business/residential on a single parcel) and farms which use commercial dumpsters shall be considered commercial establishments. This does not include properties where the primary permitted use is residential and accessory use in commercial (i.e., home) occupations.
COMMUNITY ACTIVITIES
Church, school, civic, service group, municipal functions and all other such functions.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
CURBSIDE RECYCLING COLLECTION
The scheduled collection and transportation of recyclable materials placed at the curbline or other area designated by the collector.
CUSTOMER
The owner of any residential, commercial, industrial or institutional property located within the Township.
DESIGNATED AGENT
An agent, such as the Greater Lebanon Refuse Authority, acting on behalf of a municipality, whose powers and responsibilities are established in the Lebanon County Solid Waste Management Plan and the Lebanon County License Agreement administered by the Greater Lebanon Refuse Authority.
DROP-OFF SITES
Those specified locations, staffed or unstaffed, where recyclable materials may be taken at specified times.
DWELLING UNIT
One or more rooms in a premises which have cooking facilities and are arranged for occupancy by one person, two or more persons living together, or one family. Each dwelling unit within a noncommercial building shall be considered an individual customer.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with the responsibilities of administering this Part 1, or the official authorized representative.
GLASS CONTAINERS
Bottles and jars made of clear, green or amber glass. Expressly excluded are noncontainer glass, automobile glass, plate glass, blue glass, lead crystal and porcelain and ceramic products.
HIGH-DENSITY POLYETHYLENE (#2 HDPE) CONTAINERS
Plastic bottles and jars made exclusively from noncolored high-density polyethylene, such as milk and water jugs.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper, and computer paper used in commercial, industrial, institutional and municipal establishments.
INDUSTRIAL
Any establishment engaging in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants and refineries.
INSTITUTIONAL
Any establishment engaged in service to persons, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
LEAD-ACID BATTERIES
Includes but not be limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes, and other plants, garden residue, chipped shrubbery and tree trimmings, but not including grass clippings.
LICENSED HAULER
A person who has obtained a commercial license to operate a refuse removal service in Lebanon County to collect, transport, and/or dispose of municipal solid waste, recyclable materials and bulk waste from residential, commercial, industrial and institutional establishments. (The term may be applied to a person having the exclusive right to collect within the Township.)
MUNICIPAL SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste and any other material including solid waste, liquid, semisolid or contained gaseous materials resulting from the operation of residential, municipal, commercial, industrial 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, industrial or institutional water supply treatment plant, waste water treatment plant, or air-pollution control facilities. (Pennsylvania Act 101, § 103).
NEWSPAPERS
All 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 newspapers which are wet, yellowed or soiled.
PERSON
An individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
POLYETHYLENE TEREPHTHALATE (#1 PET) CONTAINERS
Plastic soda bottles composed of the polymer PET.
RECYCLABLE MATERIALS
Source-separated recyclable materials, including materials listed in § 1501 of Act 101, and materials identified by the municipality to be recycled.
RESIDENTIAL
See "dwelling unit."
STEEL CANS
Empty all-steel food and beverage containers.
TOWNSHIP
The governmental jurisdiction and legal entity of the Township of Jackson, County of Lebanon, Commonwealth of Pennsylvania.
[Ord. 2-2003, 5/5/2003, Art. III]
Those recyclable materials separated under the provisions of this Part 1 shall not be considered municipal waste and shall not be subject to current or future provisions of Township ordinances which require disposal of municipal solid waste at the Greater Lebanon Refuse Authority facilities by a hauler licensed by the county's designated agent, the Greater Lebanon Refuse Authority.
[Ord. 2-2003, 5/5/2003, Art. IV]
The Township hereby establishes a program for the mandatory separation of recyclables from municipal waste by residential dwellings and commercial, industrial and institutional establishments.
[Ord. 2-2003, 5/5/2003, Art. V]
All recyclable materials generated within the Township shall be collected by a refuse hauler who is licensed in Lebanon County. Commercial, industrial and institutional establishments may utilize an individual recycling program in conformance with § 20-104.
[Ord. 2-2003, 5/5/2003, Art. VI]
1. 
Commercial, industrial and institutional establishments conducting their own recycling programs, not in conjunction with a licensed hauler for the collection of municipal waste and recyclables, shall file with the Township or its designated agent, and have approved by the Township or its designated agent, plans for individual recycling programs which provide for, at a minimum, the recycling of items listed in rules and regulations for the recycling program.
2. 
In addition to filing an individual recycling plan, commercial, industrial and institutional customers who choose to establish an individual recycling program are required to submit annually to the Township or its designated agent weigh slips or other certification which show, by weight and type of material, the materials recycled by that establishment. If weigh slips are not used, the form of certification requires the prior approval of the Township or its designated agent. Required information is due within 30 days of the end of the reporting period designated in the regulations for the recycling program.
3. 
An individual recycling plan for commercial, industrial or institutional establishments shall provide the following information:
A. 
Applicant's company name, address, telephone number, contact person and owner's name.
B. 
Company name, address, telephone number and contact person for entity providing the recycling service.
C. 
Description of materials to be recycled, frequency of collection, method of storage and how service will be provided.
D. 
Form of certification to assure proper disposal of recyclable materials.
E. 
Municipality in which the establishment is located.
F. 
Other information as may be required by the Township or its designated agent which is intended to assure the proper disposal of recyclable materials.
[Ord. 2-2003, 5/5/2003, Art. VII]
The Township or its designated agent shall establish and promulgate regulations on the manner, days and time of collection of recyclable materials and for the bundling, handling, location and time of placement of such materials for collection. Regulations shall be promulgated for each of the programs undertaken for residential dwelling units and commercial, industrial and institutional establishments.
[Ord. 2-2003, 5/5/2003, Art. VIII]
1. 
Lead-Acid Batteries. No person shall place a used lead-acid battery in mixed municipal solid waste or 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 of Pennsylvania.
2. 
Leaf Collection. All residential customers and commercial, industrial or institutional establishments who gather leaves shall separate all leaf waste from municipal solid waste and place it for collection at the times and in the manner theretofore or hereafter prescribed by the Township. Nothing herein shall require any person to gather leaf waste or prevent any person from utilizing leaf waste for compost, mulch, or other agriculture, horticulture, silvicultural, gardening or landscape purposes.
[Ord. 2-2003, 5/5/2003, Art. IX]
1. 
It is understood that any recyclable materials located at the curbline are the property of the Township. It is further understood that any recyclable materials deposited at drop-off sites or in storage bins associated with residential dwellings or commercial, municipal, industrial and institutional establishments are the property of the owner. Recyclable materials deposited in containers owned by the Greater Lebanon Refuse Authority are the property of the Authority.
2. 
It shall be a violation of this Part for any person(s) to collect or remove or cause to be collected or removed any such recyclable materials specified by the Township rules and regulations unless authorized by the Township or its designated agent. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as outlined in § 20-112.
[Ord. 2-2003, 5/5/2003, Art. XI]
Any person may donate or sell recyclable materials to individuals or organizations. Otherwise, such materials are to be placed at curbside, in drop-off facilities or storage bins or similar authorized locations for collection by the licensed hauler as applicable. Dropoff facilities may be sited for use by residents of Lebanon County, outside of Jackson Township, not serviced by a curbside route.
[Ord. 2-2003, 5/5/2003, Art. XII]
1. 
Nonparticipation. Upon the discovery of any violation under the terms of this Part 1, the Township may, through its authorized agent, give notice to the owner or occupant of a violation hereunder, either by personal delivery to such owner or occupant, by United States mail directed to the last known address of such person or persons, as shown in the real estate tax records of the Township, or by leaving the same on the premises where such violation occurs. Such person shall, within seven days after the delivery, mailing, or leaving of such notice, make settlement by paying to the Treasurer of the Township the sum of not less than $25 for the violation. Upon the failure of such person to make settlement, as aforesaid, within seven days, the Township may institute an action for violation pursuant to Subsection 2. Nothing contained in this section shall affect, in any way, the provisions of this Part regarding separate offenses for every day any violation occurs.
2. 
Fines for Nonparticipation or Nonpayment. On neglect or refusal of the occupant of any dwelling serviced by curbside recycling collection, residential dwelling unit, or commercial, industrial or institutional establishment to separate recyclable materials from municipal solid waste and place them at curbside or sites established by the Township or its designated agent, or make settlement in Subsection 1 above, that person shall, upon conviction before a District Justice of such violation, be sentenced to pay a fine of not less than $25, together with the costs of prosecution, to be collected as now provided by law. Each violation shall constitute a separate offense.
3. 
Unauthorized Collection. If any person, firm, corporation or other entity unauthorized by the Township or its designated agent collects or removes or causes to be collected or removed any such recyclable materials as specified in the Jackson Township regulations, or in violation of the provisions of this Part, such person, firm, corporation or other entity shall, upon conviction by a District Justice in a summary proceeding, be subject to a fine of not more than $600, together with the costs of prosecution. Upon judgment against any such defendant by summary conviction, on default of the payment of the payment of the fine or penalty imposed and the costs, such defendant may be sentenced and committed to the county jail for a period not exceeding 30 days. Each day of a violation shall constitute a separate and distinct offense and shall be subject to separate summary proceedings before a District Justice and subject to a penalty imposed by this Part for each and every day such violation shall continue.
4. 
Pilfering of Collection Containers. If any person is responsible for pilfering of collection containers issued to a residence slated for either curbside collection or any other phase of the Jackson Township Recycling Program, such person shall, upon conviction by a District Justice in a summary proceeding, be subject to a fine of not more than $300, together with the costs of prosecution. Upon judgment against any such defendant by summary conviction, on default of the payment of the payment of the fine or penalty imposed and the costs, such defendant may be sentenced and committed to the county jail for a period not exceeding 30 days. Each day of a violation shall constitute a separate and distinct offense and shall be subject to separate summary proceedings before a District Justice and subject to a penalty imposed by this section for each and every day such violation shall continue. The affected resident will be responsible for replacing any missing container through purchase from the Township or its designated agent.
[Ord. 1-2009, 7/6/2009]
This Part 2 is adopted pursuant to Article I, Section 27, of the Constitution of Pennsylvania, and Act of Assembly, July 28, 1988, No. 101, 53 P.S. 4000.101 et seq., for the following purposes:
A. 
Whereas, Section 27 of Article I of the Constitution of the Commonwealth of Pennsylvania provides that the people have the right to clean air, pure water, and to preservation of the natural, scenic, historic and aesthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the commonwealth shall conserve and maintain them for the benefit of all the people.
B. 
Whereas, the Act of July 28, 1988, No. 101, known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," provides that each municipality of the commonwealth shall have the power and duty to adopt and implement programs for the collection and recycling of municipal waste or source-separated recyclable materials.
C. 
Whereas, the collection of municipal waste from residences and commercial, industrial, and institutional establishments promotes the general public interest.
D. 
Whereas, there is an increasing necessity to conserve our natural resources.
E. 
Whereas, the adoption and implementation of collection of municipal solid waste will effect the conservation of natural resources and the protection of the right of the people to clean air, pure water and preservation of the environment.
[Ord. 1-2009, 7/6/2009]
This Part 2 shall be known as the "Township of Jackson Collection of Municipal Solid Waste Ordinance," and the same may be cited in that manner.
[Ord. 1-2009, 7/6/2009]
The Township of Jackson recognizes the importance of adoption of a method for addressing the growing solid waste disposal problem and does hereby authorize the storage, collection and transportation of municipal solid waste in accordance with the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act, the Lebanon County Solid Waste Management Plan, and this Part 2. This Part is intended to be an integral part of an overall system designated to facilitate collection of municipal solid waste and foster the cooperation of the residents.
[Ord. 1-2009, 7/6/2009]
Definitions, as used herein, shall have the meanings as set forth below:
EXTERIOR PROPERTY
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
LICENSED HAULER
Any owner of a waste transportation vehicle licensed under Pennsylvania Act 90.
MUNICIPAL SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste and any other material including solid waste, liquid, semisolid or contained gaseous materials resulting from the operation of residential, municipal, commercial, industrial 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, industrial or institutional water supply treatment plant, wastewater treatment plant, or air-pollution control facilities.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in real estate in Jackson Township, Lebanon County, Pennsylvania, or otherwise having control of the property, including the guardian of an estate of such person and the executor or administrator of the estate of such person.
PERSON
An individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
RECYCLABLE MATERIALS
As defined in Chapter 20, Part 1, § 20-102.
TENANT
A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or a portion thereof as a unit.
YARD
An open space on the same lot with a structure.
[Ord. 1-2009, 7/6/2009]
All exterior property and premises and the interior of every structure shall be free from any accumulation of municipal waste.
[Ord. 1-2009, 7/6/2009]
The occupants of a structure shall dispose of all municipal waste in a clean and sanitary manner by placing such municipal waste in approved containers. The disposal of recyclable materials shall be conducted in accordance with the provisions of Chapter 20, Part 1, §§ 20-101 to 20-111.
[Ord. 1-2009, 7/6/2009]
The owner of every dwelling shall supply approved leakproof, covered, outside garbage containers of sufficient number so that all of the occupants of the premises can dispose of their municipal waste in a garbage container and so that no municipal waste is stored by any occupant of the premise outside of a garbage container at any time.
[Ord. 1-2009, 7/6/2009]
The owner of any premises shall provide at all times approved leakproof containers with close-fitting covers for the storage of municipal waste until such time as the municipal waste is removed from the premises for disposal.
[Ord. 1-2009, 7/6/2009]
An owner in Jackson Township, Lebanon County, Pennsylvania may contract with an individual, entity, or firm which is a licensed hauler by the Commonwealth of Pennsylvania to have all the municipal waste generated on the premises by any of the occupants of the premises removed and deposited in a permitted landfill on a weekly basis or more often. Recyclable materials shall be collected in accordance with the provisions of Chapter 20, Part 1, of these Codified Ordinances.
[Ord. 1-2009, 7/6/2009]
Whenever requested by Jackson Township, the owner of any real estate within Jackson Township may present proof, adequate in the judgment of the Jackson Township designee, that the owner of said real estate has a current contract with a licensed hauler to dispose of municipal waste generated on the premises on a weekly basis or more often. The owner of the premises shall have 72 hours to provide proof to the Jackson Township designee that he has a current contract with a licensed hauler to provide sufficient service to satisfy the terms and conditions of this Part 2.
[Ord. 1-2009, 7/6/2009]
An owner in Jackson Township may choose to haul the municipal waste generated on the premises to Lebanon County's designated solid waste management facility as per the Lebanon County Solid Waste Management Plan approved by the Department of Environmental Protection (DEP).
[Ord. 1-2009, 7/6/2009]
Whenever requested by Jackson Township, the owner of any real estate within Jackson Township may present proof, adequate in the judgment of the Jackson Township designee, that the owner of said real estate has properly disposed of municipal waste generated on the premises. The owner of the premises shall have 72 hours to provide proof to the Jackson Township designee that he delivered municipal waste generated to Lebanon County's designated facility as per the Lebanon County Solid Waste Management Plan approved by the Department of Environmental Protection (DEP) to satisfy the terms and conditions of this Part 2.
[Ord. 1-2009, 7/6/2009]
Any hauler picking up municipal waste in Jackson Township may be required to advise Jackson Township in writing within 72 hours after request from the Township as to whether an owner has a current contract for municipal waste disposal from his premises within the Township. Furthermore, all licensed haulers shall cooperate with the Township designee in providing information in the event that an action is instituted to enforce the terms and conditions of this Part 2.
[Ord. 1-2009, 7/6/2009]
Any person who shall violate the terms or conditions of this Part 2 shall, upon conviction thereof, be subject to a fine of not more than $300 and/or imprisonment for a term not to exceed 90 days, or both. Each day that a violation continues after notice of the violation has been served shall be deemed to be a separate offense.
[Ord. 1-2009, 7/6/2009]
Notwithstanding the terms of this Part 2, compost piles kept by occupants or tenants of a structure shall not violate the terms and conditions of this Part 2, provided that the materials in the compost piles do not generate any offensive odors, and provided further that said compost piles are secure so that animals do not spread the materials from the compost piles around the premises.
[Ord. 1-2009, 7/6/2009]
Nothing herein is meant to contradict the provisions of Chapter 20, Part 1, and said provisions regarding recyclable materials shall continue in full force and effect.