[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:
APPLICANT
A person desirous of being authorized as a collector.
BOROUGH
The Borough of Montgomery, Lycoming County, Pennsylvania,
and the governing body or its officials thereof.
COLLECTOR
A person authorized by the county with the approval of the
Borough of Montgomery to collect, transport, and dispose of municipal
waste.
COMMERCIAL HAULER
A person, company, partnership or corporation which engages
in the business of collecting and transporting solid waste for compensation
or consideration.
COMPOST
A process of controlled biological decomposition of organic
materials producing a stable, aerobic, humus-like product.
COUNTY
The County Commissioners of Lycoming County, Pennsylvania,
and/or the Lycoming County Solid Waste Department thereof.
DISPOSAL
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.
DISPOSAL AREA
Any site, location, area, incinerator, resource recovery
facility, or premises to be used for the ultimate disposal of municipal
waste.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
MANAGEMENT
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.
MUNICIPAL WASTE
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.
PERSON
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.
PROCESSING
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.
REFUSE
All materials which are discarded as useless.
REGULAR
At least two or more times per month.
RESIDUAL WASTE
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. "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.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
STORAGE
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.
TRANSPORTATION
The off-site removal of any municipal waste at any time after
generation.
[Amended 5-13-2008 by Ord. No. 2008-01]
A. 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. Any person or commercial establishment authorized to dispose of their
own waste shall provide for collection on a weekly basis or more often.
C. 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. 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.
[Amended 12-12-1995 by Ord. No. 1995-21]
A. 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. 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. 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.
[Adopted 4-10-1990 by Ord. No. 1990-2 (Ch. XV, Part 2, of the 1996 Code
of Ordinances)]
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:
APPLICANT
A person desirous of being authorized as a collector of source-separated
recycled materials.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial
purposes and those multiple dwelling residential buildings containing
more than four dwelling units.
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.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers, and nursing homes.
LEAD ACID BATTERIES
Include, but not be limited to, automotive, truck and industrial
batteries that contain lead.
LICENSEE COLLECTOR
A person authorized to collect source-separated recyclable
materials in the Borough of Montgomery.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
MUNICIPAL RECYCLING PROGRAM
(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.
MUNICIPALITY
Borough of Montgomery, Lycoming County, Pennsylvania.
NEWSPAPERS
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.
PERSON(S)
Owners, lessees and occupants of residences, commercial or
institutional establishments.
PLASTIC CONTAINERS
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.
RECYCLING
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.
RESIDENTIAL DWELLINGS
Any occupied single- or multifamily dwelling having up to
and including three dwelling units per structure.
SOURCE-SEPARATED RECYCLABLE MATERIALS
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.
WASTE
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.
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.
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. 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. 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. 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. 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. 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. 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.