[Ord. 85, 9/13/1983; as amended by Ord. 2008-5, 12/2/2008]
All domestic refuse accumulated or stored upon any property
within the Borough shall be collect and removed by a responsible person
or collector who shall be licensed by the Borough or the Greater Lebanon
Refuse Authority ("GLRA") and shall be disposed in an area authorized
by and approved by the Borough Council in accordance with all state
regulations.
[Ord. 85, 9/13/1983]
As used in this Part 1, the following terms shall have the meanings
indicated, unless a different meaning appears clearly from the context:
Residue from the burning of coal, coke or other combustible
material.
Storage, collection, disposal, or handling of garbage.
Place of residence within the Borough of one or more persons
where refuse is generated through normal living habits. It shall not
include apartments or buildings devoted to multiple-family occupancy.
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of foods.
Person generally in possession and control of any dwelling.
Any natural person, association, partnership, firm or corporation.
All solid waste, except body wastes, and shall include garbage,
ashes, and rubbish.
Glass, metal, paper, plant growth, wood, or nonputrescible
solid waste.
|
In this Part 1, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and neuter.
|
[Ord. 85, 9/13/1983; as amended by Ord. 2008-5, 12/2/2008]
1.
No person shall collect, remove, haul or convey any refuse through
or upon any of the streets or alleys of the Borough or dispose of
the same in any manner or place without first obtaining a license
from the Borough or the GLRA.
2.
An applicant for a license under this Part 1 shall pay the fee established
by the duly adopted application fee schedule of the GLRA.
3.
Every person who shall apply for a license under this section shall
state the type or types of refuse to be collected, the manner of collection,
and the place and method of disposal.
4.
No license shall be granted if the place and method of disposal shall
not conform to the requirements of this Part 1.
5.
No licensed collector shall make any change in the arrangements for
disposal of refuse collected by him without first receiving the approval
of the Mayor.
6.
It shall be unlawful to permit an unlicensed collector to collect
or remove garbage from any household.
[Ord. 85, 9/13/1983]
Every family or household at whose premises refuse is collected
or removed shall provide and maintain at all times, a portable metal
or plastic receptacle. The same must be watertight, equipped with
a tight fitting cover, and each receptacle shall be kept in a clean
and sanitary condition.
[Ord. 85, 9/13/1983]
The contractor shall pick up all refuse on the property, in
accordance with specifications established by the Borough.
[Ord. 85, 9/13/1983]
The cost of weekly garbage collection shall be based on the
number and size of the containers.
[Ord. 85, 9/13/1983]
The contractor shall prepare a schedule of refuse pickup for
each household on a weekly basis. The contractor shall be responsible
to notify residents of the days collections will be made.
[Ord. 85, 9/13/1983]
The collector shall be permitted to collect, remove and transport
refuse on all days of the week, except Sunday and the following holidays:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day, and unless otherwise ordered, the collection
of refuse shall not commence before 6:00 a.m., and shall be completed
by 6:00 p.m., on any single day of collection. All refuse from cans
and receptacles of occupants of dwellings shall be collected, removed
and emptied by the collector at least once each week.
[Ord. 85, 9/13/1983]
No refuse shall be allowed to accumulate on the ground or be
deposited on highways, vacant lots or other property nor be thrown
in any stream or other body of water.
[Ord. 85, 9/13/1983]
All garbage, before being placed into receptacles for collection,
shall have drained from it, as far as practical, all free liquid.
Garbage shall be wrapped in paper or otherwise contained. Ashes shall
be placed in separate, fire resistant containers. Rubbish shall be
placed in approved containers, or cut and baled, tied, bundled, stacked
or packaged so as to be easily handled by the collector, and not to
exceed 36 inches and 50 lbs. in weight.
[Ord. 85, 9/13/1983; as amended by Ord. 2008-5, 12/2/2008]
The collector shall be required to collect and remove refuse
in motor-driven vehicles having enclosed steel bodies with steel covers
and watertight and non-leakable automatic packer-type bodies, and
to so conduct the collection, removal and transportation of the refuse
under such agreement so as to assure general cleanliness and sanitation
throughout the entire process and operation thereof.
The collector shall also be required, at his own cost, to dispose
of, at an approved disposal area, all quantities of garbage collected
by him, and to furnish, at his own cost, all vehicles, machinery and
equipment necessary for the proper performance of such contract.
[Ord. 85, 9/13/1983]
Each collector applying for a license shall provide either evidence
of ownership of an approved disposal area or evidence of a valid agreement,
not subject to cancellation, covering use of approved disposal area.
Such evidence shall accompany the application for license.
[Ord. 85, 9/13/1983; as amended by Ord. 2008-5, 12/2/2008]
The collector shall enter into individual or separate contracts
with each householder or occupant of premises, without liability to
or upon the Borough.
[Ord. 85, 9/13/1983; as amended by Ord. 2008-5, 12/2/2008]
The Mayor or Code Enforcement Officer shall have the right to
determine finally the true validity of any complaints made by residents
as to failure of the contractor to collect refuse in accordance with
this agreement, and the Mayor's or Code Enforcement officer's
decision shall be final and binding upon the contractor.
[Ord. 85, 9/13/1983]
The contractor shall not assign his license in whole or in part
without the written consent of the Borough. Such consent does not
release the contractor from any of his or its obligations and liabilities
under the license. Any violation of this Part 1 or specifications
shall be sufficient cause for the immediate cancellation of the license
by the Borough Council.
[Ord. 85, 9/13/1983]
Workmen's Compensation and Social Security Acts, as amended,
are deemed a part of the license agreement. The contractor shall be
obliged to provide Workmen's Compensation coverage and shall
fulfill the terms and save harmless the Borough and all its officers,
agents and employees, successors and assigns, jointly and severally,
of and from all manner of losses, suits, actions, payments, costs,
charges, damages, judgments or claims or demands of any character,
name or description brought on account of any injuries or damages
received or sustained by any person, persons or property by reason
of any act, omission, negligence or misconduct of said contractor,
his agents or employees in the execution of the license conditions.
[Ord. 85, 9/13/1983]
The contractor granting the license shall not in any manner
be construed as an agent, servant or employee of the Borough, but
shall, at all times, be considered and remain an independent contractor.
[Ord. 85, 9/13/1983]
The contractor shall carry an insurance policy providing complete
third party comprehensive liability and property damage insurance,
covering not only the contractor but also the Borough, the limits
of which shall be not less than $300,000 - $500,000 personal liability
and $100,000 property damage, and shall furnish the proper certificates
of insurance coverage to the Borough.
[Ord. 85, 9/13/1983]
Any violation of these specifications shall be sufficient cause
for the immediate cancellation of the license.
[Ord. 85, 9/13/1983]
Faithful performance must be of the essence of the license unless
prevented by unavoidable accident, act of God or public immunity,
or any restrictions or embargoes imposed by the Federal Government
or any agency thereof; and it is understood and agreed that all material
shall be collected, removed, and disposed of in a skillful and businesslike
manner, satisfactory to the Borough.
[Ord. 85, 9/13/1983]
The contractor shall furnish evidence satisfactory to the Borough
that he has available equipment, by ownership or by valid lease agreement,
for collecting and disposing of materials in the performance of his
contract and that all equipment for transporting of materials will
comply with the sanitary and watertight requirements set forth by
the Borough.
[Ord. 85, 9/13/1983]
The contractor shall deliver to the [administrative officer],
at least 15 days prior to the anniversary date of the license, and
at least 30 days prior to the termination date of the license, a certified
list of customers. This list shall become and remain at all times
the property of Borough.
[Ord. 85, 9/13/1983]
All contract carriers presently operating, who have entered
into an existing contract with a resident of the Borough providing
for the collection of that resident's refuse, shall be permitted
to continue collecting the refuse of that resident for the duration
of the contract period. At the expiration of the contract, the contract
carrier shall be required to effect complete compliance with the licensing
requirements of this Part 1 and shall be bound by licensing requirements
as to the collection of refuse from any new resident and shall be
subject to the licensing requirements of this Part 1 in respect to
any contract entered into between the carrier and a resident of the
Borough after the effective date of this Part 1.
[Ord. 85, 9/13/1983]
Any person, firm or corporation except the licensed collector
who shall violate any provision of this Part 1 shall, upon conviction
thereof, be sentenced to pay a fine of not more than $300, and/or
to imprisonment for a term not to exceed 90 days.
[Ord. 2003-1, 3/4/2003]
1.
This ordinance 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.
Section 27 of Article 1 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;
and
B.
The Act of July 28, 1988, No. 101, known as the "Municipal Waste
Planning, Recycling and Waste Reduction Act,"[1] 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;
and
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
C.
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; and
D.
The County's designated solid waste landfill benefits greatly
from municipal recycling programs; and
E.
There is an increasing necessity to conserve our natural resources;
and
F.
The collection of recyclable materials from residences and commercial,
industrial, and institutional establishments promotes the general
public interest; and
G.
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;
[Ord. 2003-1, 3/4/2003]
This ordinance shall be known, as the "Borough of Jonestown
Recycling Ordinance," and the same may be cited in that manner.
[Ord. 2003-1, 3/4/2003]
The Borough of Jonestown, 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 ordinance. This ordinance
is intended to be an integral part of an overall system designed to
facilitate recycling and foster the cooperation of the residents.
[Ord. 2003-1, 3/4/2003]
The following words and phrases when used in this ordinance
shall have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
Empty all-aluminum beverage and food containers.
Greater Lebanon Refuse Authority.
Empty metal beverage or food containers consisting of steel
and aluminum.
The governmental jurisdiction and legal entity of the Borough
of Jonestown, Lebanon County, Pennsylvania.
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
ordinance, 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. "Commercial" does not include properties
where the primary permitted use is residential and accessory use in
commercial (i.e., home) occupations.
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.
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
The owner of any residential, commercial, industrial, or
institutional property located within the Borough.
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.
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
One or more rooms on 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.
The official designated herein or otherwise charged with
the responsibilities of administering this ordinance, or the official
authorized representative.
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.
Plastic bottles and jars made exclusively from noncolored
high-density polyethylene, such as milk and water jugs.
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional, and municipal establishments.
Any establishment engaging in manufacturing or processing
including, but not limited, to factories, foundries, mills, processing
plants, and refineries.
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities.
Includes, but not be limited to, automotive, truck, and industrial
batteries that contain lead.
Leaves from trees, bushes, and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
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 Borough.)
Any garbage, refuse, industrial lunchroom, or office waste
and any other material including solid waste, liquid, semi-solid 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[1] from a municipal, commercial, industrial, or institutional
water supply treatment plant, wastewater treatment plant, or air pollution
control facilities. (Pennsylvania Act 101, Section 103)
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.
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.
Plastic soda bottles composed of the polymer PET.
Source-separated recyclable materials, including materials
listed in Section 1501 of Act 101, and materials identified by the
municipality to be recycled.
See "dwelling unit."
Empty all-steel food and beverage containers.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[Ord. 2003-1, 3/4/2003]
Those recyclable materials separated under the provisions of
this ordinance shall not be considered municipal waste and shall not
be subject to provisions of Borough 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. 2003-1, 3/4/2003]
The Borough hereby establishes a program for the mandatory separation
of recyclables from municipal waste by residential dwellings, and
commercial, industrial, and institutional establishments.
[Ord. 2003-1, 3/4/2003]
All recyclable materials generated within the Borough 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 Section 208.
[Ord. 2003-1, 3/4/2003]
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 Borough or its designated agent, and have approved by the
Borough 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 Borough or
its designated agent, weigh slips or other certification which shows
the weight and type of material recycled by that establishment. If
weigh slips are not used, the form of certification requires the prior
approval of the Borough 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.
The applicant's company name, address, telephone number, contact
person and owners name.
B.
The company name, address, telephone number, and contact person for
the entity providing the recycling service.
C.
A description of materials to be recycled, frequency of collection,
method of storage and how service will be provided.
D.
The form of certification to assure proper disposal of recyclable
materials.
E.
The municipality in which the establishment is located.
F.
Other information as may be required by the Borough or its designated
agent which is intended to assure the proper disposal of recyclable
materials.
[Ord. 2003-1, 3/4/2003]
The Borough 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. 2003-1, 3/4/2003]
1.
Lead Acid Batteries. No person shall 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 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 Borough. 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. 2003-1, 3/4/2003]
1.
It is understood that any recyclable materials located at the curbline
are the property of the Borough. 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 the ordinance for any person(s) to collect
or remove or cause to be collected or removed any such recyclable
materials specified by the Borough rules and regulations unless authorized
by the Borough, or its designated agent. Each such collection in violation
hereof shall constitute a separate and distinct offense punishable
as outlined in § 214.
[Ord. 2003-1, 3/4/2003]
The Council shall appoint an enforcement officer or officers
to enforce and administer the provisions of this ordinance.
[Ord. 2003-1, 3/4/2003]
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. Drop-off facilities
may be sited for use by residents of Lebanon County, outside of Jonestown
Borough, not serviced by a curbside route.
[Ord. 2003-1, 3/4/2003]
1.
Nonparticipation.
A.
Upon the discovery of any violation under the terms of this ordinance,
the Borough 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
registry records of the Borough, or by leaving the same on the premises
where such violation occurs.
B.
Such person shall, within seven days after the delivery, mailing,
or leaving of such notice, make settlement by paying to the Treasurer
of the Borough the sum of not less than $25 for the violation. The
failure of such person to make settlement, as aforesaid, within seven
days, the Borough may institute an action for violation pursuant to
Subsection B.
C.
Nothing contained in this section shall affect, in any way, the provisions
of this ordinance 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 Borough
or its designated agent, or make settlement in Subsection A, that
person shall, upon conviction before a District Magistrate 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 Borough or its designated agent, collects
or removes or causes to be collected or removed any such recyclable
materials as specified in the Jonestown Borough regulations, or in
violation of the provisions of this ordinance, such person, firm,
corporation or other entity shall, upon conviction by a District Magistrate
in a summary proceeding, be subject to a fine of not more than $600,
together with the costs of prosecution. Upon judgement against any
such defendant by summary conviction, on default 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
Magistrate, and subject to a penalty imposed by this section 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 Jonestown
Borough Recycling Program, such person shall, upon conviction by a
District Magistrate 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 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 Magistrate, 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 Borough or its designated
agent.
[Ord. 2003-1, 3/4/2003]
Should any article, section, paragraph, sentence, clause or
phrase of the ordinance be declared unconstitutional or invalid for
any reason, the remainder of this ordinance shall not be affected
thereby. It is hereby declared as the intent of the Borough Council
of the Borough of Jonestown that this ordinance would have been adopted
had such unconstitutional or invalid article, section, paragraph,
sentence, clause, or phrase not been included herein.
[Ord. 2003-1, 3/4/2003]
This ordinance shall be subject to all applicable federal, state,
and municipal laws and ordinances as well as rules and regulations
as set forth by the Department of Environmental Protection, Commonwealth
of Pennsylvania.
[Ord. 2003-1, 3/4/2003]
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
[Ord. 2003-1, 3/4/2003]
This ordinance shall become effective 60 days after adoption
by the Council of Jonestown Borough. Sections of this ordinance relating
to commercial, industrial, and institutional establishments shall
also become effective 60 days after adoption.
