[HISTORY: Adopted by the Borough Council of Montgomery Borough
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-10-1989 by Ord. No. 1989-2 (Ch. XV, Part 1, of the 1996 Code
of Ordinances)]
This article shall be known as the "Montgomery Borough Municipal
Solid Waste Ordinance."
The following words and phrases, when used in this article,
shall have the meanings given to them in this section:
A person desirous of being authorized as a collector.
The Borough of Montgomery, Lycoming County, Pennsylvania,
and the governing body or its officials thereof.
A person authorized by the county with the approval of the
Borough of Montgomery to collect, transport, and dispose of municipal
waste.
A person, company, partnership or corporation which engages
in the business of collecting and transporting solid waste for compensation
or consideration.
A process of controlled biological decomposition of organic
materials producing a stable, aerobic, humus-like product.
The County Commissioners of Lycoming County, Pennsylvania,
and/or the Lycoming County Solid Waste Department thereof.
The incineration, deposition, injections, 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 establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
The entire process or any part thereof, of storage, collection,
transportation, processing, treatment, and disposal of municipal wastes
by any person engaging in such process.
Any garbage, refuse, industrial lunchroom or office waste
and other 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 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.
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.
At least two or more times per month.
Any garbage, refuse, other discarded material or other waste
including solid, liquid, semisolid, or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term "residual
waste" shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act.[1] "Residual waste" shall not include treatment sludges from
coal mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Clean Streams Law.[2]
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
The off-site removal of any municipal waste at any time after
generation.
A.Â
It shall be unlawful for any person to store, dispose, dump, discard
or deposit, or permit the storage, dumping, discarding or depositing
of, any municipal waste upon the surface of the ground or underground
within the jurisdictional limits of this Borough, except in proper
containers for purposes of storage or collection, and except where
the waste is of such size or shape as not to permit it being placed
in such containers. This section is not intended to prohibit the use
of a properly maintained home compost pile.
B.Â
It shall be unlawful for any person to dump or deposit municipal
waste in any stream or body of water within the jurisdictional limits
of this Borough.
C.Â
Nothing contained herein shall be deemed to prohibit any person,
not regularly engaged in the business of hauling solid waste for profit,
from hauling such solid waste on an irregular and unscheduled basis,
so long as such hauling and disposal is in accordance with the ordinances
of this Borough and is permitted by the Commonwealth of Pennsylvania,
Department of Environmental Protection.
D.Â
Nothing contained in this article shall prohibit a farmer or gardener
from carrying out the normal activities of his farming or gardening
operation, including composting and spreading manure or other farm-produced
agricultural wastes.
A.Â
It shall be unlawful for any person, other than such persons as are
duly authorized by the county with the approval of this Borough, to
collect and transport solid waste of any nature as a regular hauling
business within or from the Borough. Authorization shall be given
only as set forth below.
B.Â
The county with the approval of the Borough shall authorize by issuance
of a business license such hauler(s) to collect and transport all
wastes in this Borough. All applications for licensing shall be reviewed
by the Department of Solid Waste of Lycoming County as the license
issuing agency for the Borough and shall be approved in accordance
with the following criteria:
(1)Â
Licenses may be issued to only those persons who can 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.
(2)Â
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.
(3)Â
Licenses shall be issued on a fiscal year basis, but may be revoked
at any time by the Borough and the Lycoming County Solid Waste Department
General Manager for just cause in accordance with the rules and regulations
adopted by the Board of County Commissioners and pursuant to the rules
and regulations of the Department of Environmental Protection.
(4)Â
Fees for such licenses shall be paid by the applicant to the County
Solid Waste Department and said fees shall be on the basis of cost
and covered in the rules and regulations of the County Solid Waste
Department.
A.Â
The storage of all solid waste shall be practiced so as to prevent
the attraction, breeding, or harborage of insects or rodents and to
prevent conditions which may create potential hazards to the public
health or which create fire and other safety hazards, odors, unsightliness
or public nuisance.
B.Â
Any person accumulating or storing garbage on private or public property
in the Borough of Montgomery for any purpose whatsoever (including
waste being stored temporarily for ultimate disposal in a bulk container,
as well as waste being stored for door-to-door collection) shall place
the same or cause the same to be placed in sanitary closed or covered
containers in accordance with the Borough Maintenance Code.[1]
C.Â
Solid waste to be collected on a door-to-door basis shall be prepared
for such collection in a manner agreed upon by the property owner
and hauler.
D.Â
Solid waste of a highly flammable or explosive nature, or highly
infectious or contagious wastes shall not be stored for ordinary collection,
but shall be disposed of in accordance with the directions of the
Commonwealth of Pennsylvania, Department of Environmental Protection.
E.Â
Notwithstanding the terms of this section, compost piles kept by
occupants or tenants of a structure shall not violate the terms and
conditions of this section, 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.
[Added 5-13-2008 by Ord.
No. 2008-01]
[Amended 5-13-2008 by Ord. No. 2008-01]
A.Â
Every owner of any premises in Montgomery Borough shall 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 at a permitted landfill on a regular and routine basis but
no less frequently than biweekly.
[Amended 7-8-2008 by Ord.
No. 2008-03]
B.Â
Any person or commercial establishment authorized to dispose of their
own waste shall provide for collection on a weekly basis or more often.
C.Â
Whenever requested by the Borough, the owner of any real estate within
the Borough shall present proof adequate in the judgment of the Borough
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 Borough that the owner has a current
contract with the licensed hauler to provide sufficient service to
satisfy the terms and conditions of this chapter.
D.Â
Any hauler picking up municipal waste in the Borough shall be required
to advise the Borough, in writing, 72 hours after request from the
Borough as to whether an owner has a current contract for municipal
waste disposal from the owner's premises within the Borough.
Furthermore, all licensed haulers shall cooperate with the Borough
in providing information in the event that an action is instituted
to enforce the terms and conditions of this section.
Any person transporting solid waste within the Borough shall
prevent or remedy any spillage from vehicles or containers used in
the transport of such solid waste.
A.Â
All solid waste produced, collected and transported from within the
jurisdictional limits of the Borough shall be, to the extent permitted
by law, disposed of at the Lycoming County Solid Waste System unless
otherwise controlled and permitted by the Commonwealth of Pennsylvania,
Department of Environmental Protection.
B.Â
It shall be unlawful for a licensed or authorized collector in the
Borough to dispose of solid waste collected within the Borough at
a place other than the facilities designated in the Solid Waste Management
Plan of the municipality, as approved by the Department of Environmental
Protection.
C.Â
The disposal of bulky wastes, such as, but not limited to, refrigerators,
stoves, other appliances, pieces of furniture, auto parts, and other
household goods and equipment shall be performed by commercial or
private collection unless a cleanup campaign by the Borough shall
prescribe the manner of such collection and disposal.
[Amended 12-12-1995 by Ord. No. 1995-21]
A.Â
Any person who violates any provision of this article shall be guilty
of an offense and, for every such violation, upon conviction, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
and, in default of payment of fine and costs, to undergo imprisonment
for not more than 30 days. Provided: Every violator of any provision
of this article shall be deemed guilty of a separate offense for every
day on which the violation continues, and shall be subject to the
penalty imposed by this section for every such separate offense.
B.Â
In addition to the foregoing penalty, the Borough may require the
owner or occupier of a property to remove any accumulation of solid
waste and should said person fail to remove the same within 10 days
after written notice, the Borough may cause the same to be done and
collect the costs thereof together with a penalty of 10% of such costs
in the manner provided by law for the collection of municipal claims
or by action in assumpsit or may seek relief by bill of equity.
C.Â
It is hereby designated that the Borough official to whom all notices
under this article are to be given and by whom all provisions of this
article are to be enforced is as follows: Borough Codes and Enforcement
Officer, Montgomery Borough Building, P.O. Box 125, Montgomery, PA
17725-0125, Phone: 547-1671.
A.Â
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.
B.Â
This article or any part thereof may be amended from time to time
in accordance with the procedures established by law.
C.Â
This article shall become effective on the first day of February
1989.
[Adopted 4-10-1990 by Ord. No. 1990-2 (Ch. XV, Part 2, of the 1996 Code
of Ordinances)]
A.Â
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 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 people; and
B.Â
Whereas, the Act of July, 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; and
C.Â
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; and
D.Â
Whereas, the remaining permitted solid waste landfills are reaching
their capacity; and
E.Â
Whereas, there is an increasing necessity to conserve our natural
resources; and
F.Â
Whereas, the collection of recyclable materials from residences and
commercial and institutional establishments promotes the general public
interest; and
G.Â
Whereas, the adoption and implementation of recycling will affect
the conservation of natural resources, the protection of the right
of the people to clean air, pure water and the preservation of the
environment;
The short title of this article shall be "Borough of Montgomery
Recycling Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the
meanings indicated:
All aluminum beverage and food containers.
A person desirous of being authorized as a collector of source-separated
recycled materials.
Those properties of 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.
Include, but not be limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees.
A person authorized to collect source-separated recyclable
materials in the Borough of Montgomery.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Having four or more dwelling units per structure.
(a) Public facilities operated by Montgomery Borough and
other governmental authorities; and (b) 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 or water supply treatment
plants.
Borough of Montgomery, 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.
See "high-grade office paper" above.
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 creation and recovery of reusable materials
other than a fuel for the operation of energy.
Any occupied single- or multifamily dwelling having up to
and including three dwelling units per structure.
Those materials separated at the point of origin for the
purpose of being recycled including those materials listed in Act
101 and by the municipality to be recycled.
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.
A.Â
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 three dwelling units per structure.
B.Â
The Borough of Montgomery, Department of Streets, shall be responsible
for scheduling a day, at least once a month, for collection of recyclable
material. The Department of Streets has the authority to establish
and modify this schedule and the responsibility for communicating
it to the residents of the Borough, along with the authority to make
regulations pursuant to this article.
A.Â
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 manner
as may be established by regulation of the Department of Streets.
Materials to be recycled are: clear glass, brown glass, green glass
and aluminum beverage containers or other materials as listed in the
regulation as the market develops.
B.Â
The recyclable materials shall be placed in designated containers
which may be provided by the Borough; and, if so provided, said containers
shall be and remain the property of the Borough and remain with residence,
regardless of owner or tenant.
C.Â
The materials to be recycled may be changed by regulations as developed
by the Borough of Montgomery.
A.Â
Commercial, municipal and institutional establishments shall separate
and store, until collection, high-grade office paper, corrugated paper,
aluminum beverage containers, leaf waste and other materials deemed
appropriate according to the Borough of Montgomery regulations. These
establishments must arrange for the collection of recyclables by a
licensed recycler at least once a month. The licensed recycling collector
shall annually provide to the Borough of Montgomery evidence of such
arrangement and documentation of the total number of tons recycled
by providing documentation of the total number of tons recycled by
providing invoices of all materials collected from the establishments
that were marketed.
B.Â
At all community activities recyclable materials designated by the
Borough must be separated for collection. Sponsoring organizations
must arrange for the transfer of the materials to a recycling market.
The governing body shall allow an owner, landlord or agent of
an owner or landlord of multifamily rental housing properties with
four or more units to comply with its responsibilities under this
section by establishing a collection system for recyclable materials
at each property. 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 act shall not
be liable for the noncompliance of occupants of their buildings. These
landlords or owners must arrange for the collection of recyclables
by a licensed recycler at least once a month. The licensed recycling
collector shall annually provide to the Borough of Montgomery evidence
of such arrangement and documentation of the total number of tons
recycled by providing invoices of materials collected from the establishments
that were marketed.
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.
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 Montgomery. 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.Â
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 curbside
or a similar location, they become the property of the municipality
or its contract collector.
B.Â
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 offense punishable as hereinafter
provided.
A.Â
All recyclable materials must be delivered by the authorized collector
to recycling markets.
B.Â
It shall be a violation of this article for the authorized collector
of recyclable materials to deliver such materials to a landfill or
incinerator for the purpose of disposal. The authorized collector
will provide to the Borough the weight receipts of the recyclable
materials, collected and marketed.
The Borough of Montgomery may enter into agreement(s) or contracts
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. The Borough of Montgomery shall authorize by issuance
of a business license such hauler(s) to collect and market source-separated
recyclable materials from multifamily dwellings, commercial and institutional
establishments within the municipality. All applications for licensing
shall be reviewed by the Borough and shall be approved in accordance
with the following criteria:
A.Â
Licenses may be issued to only those persons who can provide satisfactory
evidence that they are capable of providing the necessary services
and can comply with the provisions and intent of this chapter and
the rules and regulations established by Montgomery Borough.
B.Â
At the time of application submission, the applicant shall indicate
that he has the appropriate type of closed or covered truck with which
to collect source-separated recyclable materials and shall provide
evidence that he carries sufficient liability insurance on the vehicle.
C.Â
Licenses shall be issued on a fiscal year basis, but may be revoked
at any time by the Borough for just cause in accordance with the rules
and regulations of the Department of Environmental Protection.
D.Â
Fees for such licenses shall be paid by the applicant to Montgomery
Borough and said fees shall be on the basis of cost and covered in
the rules and regulations of Montgomery Borough.
[Amended 12-12-1995 by Ord. No. 1995-21]
A.Â
Any action by any person, firm, corporation, or other entity which
violates any provision of this article or any regulation thereunder
shall constitute an offense and, for the first offense, the offender
shall be sentenced to pay a fine of not more than $300; for a second
offense a fine of not more than $400; and for a third or subsequent
offense a fine of not more than $500, together, for every such conviction,
with costs of prosecution and, in default of payment of fine and costs,
to undergo imprisonment for not more than 30 days.
B.Â
Responsibility for the enforcement of this article shall be with
the Borough of Montgomery's Codes Enforcement Officer in conjunction
with the Department of Streets.
