[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:
ASHES
Residue from the burning of coal, coke or other combustible material.
DISPOSAL
Storage, collection, disposal, or handling of garbage.
DWELLING
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.
GARBAGE
All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
OCCUPANT
Person generally in possession and control of any dwelling.
PERSON
Any natural person, association, partnership, firm or corporation.
REFUSE
All solid waste, except body wastes, and shall include garbage, ashes, and rubbish.
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]
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]
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:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
AUTHORITY
Greater Lebanon Refuse Authority.
BIMETAL CONTAINERS
Empty metal beverage or food containers consisting of steel and aluminum.
BOROUGH
The governmental jurisdiction and legal entity of the Borough of Jonestown, Lebanon County, Pennsylvania.
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 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.
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 Borough.
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 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.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with the responsibilities of administering this ordinance, 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 (NO. 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 Borough.)
MUNICIPAL SOLID WASTE
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)
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 (NO. 1 PET) CONTAINERS
Plastic soda bottles composed of the polymer PET.
RECYCLABLE MATERIALS
Source-separated recyclable materials, including materials listed in Section 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.
[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]
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.