[Ord. 727, 7/14/1992]
Borough of Myerstown.
Uncontaminated, nonwater-soluble, nondecomposable inert solid
material used to level an area or bring the area to grade The term
does not include material placed into or on waters of the Commonwealth.
An establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
Solid waste resulting from the construction or demolition
of buildings and other structures including, but not limited to, wood,
plaster, metals, asphaltic substances, bricks, block, and unsegregated
concrete. The term also includes dredging waste. The terms do not
include the following if they are separate from other waste and are
used as clean fill:
A portable device in which refuse is held for storage or
transportation.
The animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of foods.
An establishment engaged in manufacturing or processing including,
but not limited to, factories, foundries, mills, processing plants,
refineries, and slaughterhouses.
An establishment engaged in service including, but not limited
to, hospitals, nursing homes, orphanages, schools, and universities.
The Borough of Myerstown or an authority created by it.
Garbage, refuse, industrial lunchroom, or other office waste
and other material, including solid, liquid, semisolid, or contained
gaseous material resulting from operation of residential, municipal,
commercial, industrial, or institutional establishments and from community
activities, and sludge not meeting the definition of residual or hazardous
waste from a municipal, commercial, or institutional water supply
treatment plant, wastewater treatment plant, or air pollution control
facility.
Permanent building or fixed mobile home that is currently
being used on a regular or temporary basis for human habitation.
Any person, association, partnership, firm, or corporation.
The collection, separation, recovery, and sale or reuse of
metals, glass, paper, plastics, and other materials which would otherwise
be disposed of or processed as municipal waste.
The term “refuse” shall be interpreted to mean
all solid wastes including garbage, all discarded articles or materials,
except sewage and liquid wastes and including ashes and combustible
and noncombustible waste. Refuse shall not include materials that
are recyclable and have been separated and properly stored for recycling
purposes in an approved receptacle or container.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
Municipal waste that requires the application of special
storage, collection, transportation, processing, or disposal techniques
due to the quantity of material generated or its unique physical,
chemical, or biological characteristics. The term includes sewage
sludge, infectious waste, chemotherapeutic waste and ash from a municipal
waste incinerator facility.
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions including
marshes, bogs, swamps, and similar areas. The term includes, but is
not limited, to wetland areas listed in the State Water Plan, the
United States Forest Service Wetlands Inventory of Pennsylvania, the
Pennsylvania Coastal Zone Management Plan, the United States Fish
and Wildlife National Wetland Inventory and wetland designated by
a river basin commission.
[Ord. 727, 7/14/1992]
1.
Preparation
of Refuse.
A.
All garbage
before being placed in refuse containers shall be drained free from
all liquids and shall be wrapped in several thicknesses of papers
or placed in water-tight plastic bags.
B.
All refuse
shall be drained of any liquid before being deposited for collection.
C.
All cans
and bottles, whether or not they are to be recycled, which have contained
food shall be thoroughly drained before being deposited for collection.
D.
Tree
trimmings, hedge clippings, old newspapers, and similar materials,
which can not be conveniently placed in the aforementioned containers,
shall be baled, tied, or sacked in compact bundles under three feet
in length and placed in a location easily accessible to the collector.
2.
Refuse
Containers.
A.
Refuse
containers shall be kept as sanitary as possible and shall be thoroughly
cleansed by the owner periodically after collection. Said container
shall be in good condition and structurally sound, not likely to injure
the collector or his employees, or hamper the prompt collection of
refuse. Defective containers shall be replaced upon notice.
B.
Containers
shall be made of rust-resistant material, be water-tight, vermin proof,
and fly tight, be provided with a water-tight cover, and have handles
on the side.
C.
No person
shall use a refuse container having a capacity of more than 32 gallons
or less than 10 gallons. However, in the case of multi-family dwellings
of three or more families, commercial and industrial establishments,
storage may be permitted in approved commercial-sized containers (dumpsters).
D.
One-
or Two-Family Dwellings. All containers shall be provided by the owner,
tenant, or occupant of the premises. If containers for more than one
person are collected from one premises, the container shall be properly
identified.
E.
Three
or more family dwellings. All refuse containers shall be provided
by the owner. If containers for more than one person are collected
from one premises, the containers shall be properly identified, unless
a dumpster is provided for the premises.
F.
It is
desirable that the owner, tenant or occupant of the premises provide
racks or holders, for all refuse containers, convenient for both the
householder and the refuse collection crew. The rack shall be made
of a durable metal or wood. It shall be constructed to provide for
the can, a minimum of 12 inches clearance from the ground, unless
a concrete slab or other easily cleanable storage area is provided.
G.
It shall
be the duty of the refuse collector to handle all containers carefully
and to replace the lid on containers after each collection. Failure
to do so after notice by the Borough shall constitute a violation
of this ordinance.
3.
Storage
of Garbage and Refuse.
[Amended by Ord. No. 864, 10/12/2021]
A.
No person shall throw or deposit any garbage or refuse in any stream
or any body of water or wetlands.
B.
No person shall place any garbage or refuse in any street, alley,
or other public place, or upon any private property within the Borough
limits except if such garbage or refuse is placed in a proper refuse
container for collection. These prohibitions shall not apply in regard
to the following:
(1)
Manure, fertilizer, and refuse used as fertilizer in farming
or gardening.
(2)
Solid wastes generated by or resulting from industrial plants
or operations.
(3)
Soil, earth, sand, clay, gravel, loam, ashes, slate, stones,
bricks, plaster, and cement, when used as fill, provided it is done
in a safe, sanitary, and nuisance-free manner.
C.
Garbage and refuse containers shall not be placed or stored on the
front porch, front yard, private sidewalk, or on the public sidewalk.
Garbage and refuse containers may be placed along the street's
curbline on the evening prior to the property's designated collection
day and shall be removed within 24 hours.
D.
Any unauthorized accumulation of refuse on any premises is declared
to be a nuisance and is prohibited. Failure to remove any existing
accumulation of refuse within 30 days after notice from the Borough
shall be deemed a violation of this Part.
E.
Firewood may be stored and kept on the premises but it shall be cut
and stored in a manner that does not create a nuisance or create a
harborage for rodents. If stored firewood shall cause a nuisance or
create a harborage for rodents, the owner of the stored firewood shall
abate the nuisance or eliminate the harborage.
[Ord. 727, 7/14/1992]
1.
Place
of Collection. Refuse containers, for collection purposes, shall be
placed at ground level on the property, not within the right-of-way
of a street or alley, and easily accessible from the side of the street
or alley from which collection is made, except where an agreement
exists with the collector to collect from a basement or porch or other
suitable place.
2.
Frequency
of Collection.
A.
Refuse
shall be collected at least once weekly, except where more frequent
collection is deemed necessary because of the amount of refuse generated
between normal scheduled collections.
B.
Hotels,
restaurants, and other such businesses shall have no less than semi-weekly
collections, or more frequently if the amount or nature of the refuse
makes more frequent collection necessary.
[Ord. 727, 7/12/1992; as amended by Ord. 793, 7/10/2007]
No person, except collectors who are authorized by the County
of Lebanon, Pennsylvania, shall collect any garbage, municipal waste
or refuse within the Borough of Myerstown. All collectors shall comply
with all regulations and requirements as established by the County
of Lebanon, Pennsylvania.
[Ord. 727, 7/14/1992]
1.
All vehicles
used for the collection of garbage and refuse shall have enclosed
compactor-type bodies.
2.
In extenuating
circumstances collection of garbage and refuse will be permitted by
truck-mounted dumpsters with lids. Said garbage and refuse shall be
transferred to vehicles with compactor-type bodies for transport to
an approved landfill place of disposal.
[Ord. 727, 7/14/1992]
1.
No person
shall hereafter dispose of any garbage or refuse collected within
the Borough of Myerstown except by conveyance to an approved place
of disposal.
2.
After
the date of enactment of this Part, any refuse disposal within the
Borough of Myerstown, except as provided herein, shall constitute
a violation of this Part, and shall be punishable as herein prescribed.
[Ord. 727, 7/14/1992; as amended by Ord. 818, 12/10/2013]
1.
The Borough
of Myerstown shall notify a person in writing of the violation of
this Part. Unless otherwise specified in this Part, the time limit
to correct the violation or desist from further violation of this
Part shall vary from one day to 30 days; the notice period shall be
set by the Mayor. However, the Borough Health Officer shall enforce
this Part unless the Mayor shall notify the Health Officer in writing
that he or she will be assuming the enforcement of this Part. In the
event of a vacancy in the position of Health Officer, the Mayor shall
enforce this Part.
2.
In the
event a person notified of a violation fails to correct the violation
or desists from further violation of this Part within the time limit
set for compliance, the Borough may correct such violation and bill
the violator for the costs of such correction in accordance with the
Borough Code, 53 P.S. § 45101 et seq. In the
event the violator does not pay the bill rendered to him by the Borough
within 30 days, the Borough, shall collect this bill by the filing
of a municipal claim or civil action.
3.
Any person,
firm or corporation who shall violate any provision of this Part,
upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $25 nor more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each Section of this Part which shall be
found to have been violated shall constitute a separate offense.
4.
The Borough
shall have the discretion to proceed according to any, some, or all
of the remedies above or the discretion not to proceed with measures
for enforcement.
[Ord. 777, 5/13/2003]
1.
Legislative
History. This Part is adopted pursuant to Article 1, § 27, of
the Constitution of Pennsylvania, and Act of Assembly, July 28, 1988,
No. 101, 53 P.S. 4001.101 et seq., for the following
purposes:
A.
Whereas,
§ 27 of Article I of the Constitution of the Commonwealth of
Pennsylvania provides that the people have the right to clean air,
pure water, and to the preservation of the natural, scenic, historic
and aesthetic values of the environment Pennsylvania’s public
natural resources are the common property of all the people, including
generations yet to come. As trustee of these resources, the Commonwealth
shall conserve and maintain them for the benefit of all the people.
B.
Whereas,
the Act of July 28, 1988, No. 101, known as the Municipal Waste Planning,
Recycling, and Waste Reduction Act, 53 P.S. § 4000.101 et seq., provides that each municipality of the Commonwealth
shall have the power and duty to adopt and implement programs for
the collection and recycling of municipal waste or source-separated
recyclable materials.
C.
Whereas,
conservation of recyclable materials has become an important public
concern because of the growing problem of solid waste disposal and
its impact on our environment.
D.
Whereas,
the County’s designated solid waste landfill benefits greatly
from municipal recycling programs.
E.
Whereas,
there is an increasing necessity to conserve our natural resources.
F.
Whereas,
the collection of recyclable materials form residences and commercial,
industrial, and institutional establishments promotes the general
public interest.
G.
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 preservation of the environment.
2.
Short
Title. This Part shall be known as the Borough of Myerstown “Recycling
Ordinance” and the same may be cited in that manner.
3.
Purpose.
The Borough of Myerstown recognizing the 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, the Lebanon County
Solid Waste Management Plan, and this Part. This Part is intended
to be an integral part of an overall system designed to facilitate
recycling and foster the cooperation of the residents and business
community.
[Ord. 777, 5/13/2003]
The following words and phrases when used in this Part 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 Myerstown, Lebanon County, Pennsylvania.
Any establishment engaged in a non-manufacturing or non-
processing business including, but not limited to, stores, markets,
office buildings, restaurants, shopping centers, and theaters. For
the purposes of this agreement, multi-family 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. Does not
include properties where 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 place at the curb line or other area designated by the collector.
The owner of any residential, commercial, industrial, or
institutional property located within the Borough.
An agent acting on behalf of a municipality whose powers
and responsibilities are established in the Lebanon County Solid Waste
Manage ment 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 non-commercial
building shall be considered an individual customer. Owners of apartments
having four or more units per property shall establish a collection
system for the recyclable materials at their property, which must
include easily accessible locations to suitable containers for collecting
and written instructions to the occupants concerning the use of the
collection system. At least once a month owners of said apartments
shall transport or contract to have transported the materials transported
to a recycling center. On or before January 15 owners shall report
to the Borough the total tonnage of recyclables collected and transported
during the prior calendar year. Owners shall be liable for the non-compliance
of occupants of their buildings.
The official appointed by the Myerstown Borough Council to
carry out the responsibilities of administering this Part.
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.
A person who operates 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 establish ments. (The term may be applied
to a person having the exclusive right to collect within the Borough.)
Plastic bottles and jars made exclusively from non-colored
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 establishments 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.
Shall include, 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.
Any garbage, refuse, industrial lunchroom, or office waste
any other material including solid waste, liquid, semi-solid, or contained
gaseous materials resulting form 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, 35 P.S. §
6018.101 et seq., from a municipal, commercial, industrial,
or institutional water supply treatment plant, wastewater treatment
plant, or air pollution control facilities. (Pennsylvania Act 101,
§ 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 and color
comics and glossy and colored advertising inserts.
An individual, partnership, corporation, association, institution,
cooperative enterprise, Borough 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.
Shall mean source-separated recyclable materials, including
materials listed in § 1501 of Act 101, and materials identified
by the municipality to be recycled.
(See “dwelling unit”).
Empty all-steel food and beverage containers.
[Ord. 777, 5/13/2003]
Those recyclable materials separated under the provisions of
this Part 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.
[Ord. 777, 5/13/2003]
The Borough hereby establishes a program for the mandatory separation
of recyclables from municipal waste by residential dwellings, and
commercial, industrial, and institutional establishments. Said recyclable
materials shall be set forth in rules and regulations to be promulgated,
and amended, from time to time by resolution of the Borough.
[Ord. 777, 5/13/2003]
All recyclable materials generated within the Borough shall be collected by a refuse hauler. Commercial, industrial, and institutional establishments may utilize an individual recycling program in conformance with § 20-206 at no additional cost to the residents.
[Ord. 777, 5/13/2003]
1.
Commercial,
industrial, and institutional establishments conducting their own
recycling programs, not in conjunction with a 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 show by 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.
Applicant’s
company name, address, telephone number, contact person, and owner’s
name.
B.
Company
name, address, telephone number, and contact person for entity providing
the recycling service.
C.
Description
of materials to be recycled, frequency of collection, method of storage
and how service will be provided.
D.
Form
of certification to assure proper disposal of recyclable materials.
E.
Municipality
in which the establishment is located.
F.
Other
information as may be required by the Borough or its designated agent
which is intended to assure the proper disposal of recyclable materials.
[Ord. 777, 5/13/2003]
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. 777, 5/13/2003]
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 Environment Protection
Agency, or to a collection or recycling facility authorized under
the laws of the Commonwealth of Pennsylvania.
2.
Leaf Collection.
The Borough reserves the right to provide regulations concerning leaf
collection by a resolution duty adopted by the Borough at a later
date.
[Ord. 777, 5/13/2003]
1.
It is
understood that any recyclable materials located at the curb line
are the property of the property owner. 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. Nothing shall be deemed to impair the ownership of separated
materials by the person who generated them unless and until such materials
are collected or recycled. 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 Part 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 § 20-212.
[Ord. 777, 5/13/2003]
The Council shall appoint an enforcement officer or officers
to enforce and administer the provisions of this Part.
[Ord. 777, 5/13/2003]
Any person may donate or sell recyclable materials to individuals
or organizations authorized by the Borough Otherwise, such materials
are to be placed at curbside, in drop-off facilities or storage bins
or similar authorized locations for collection by the hauler as applicable.
Drop-off facilities may be sited for use by residents of Lebanon County,
outside of Myerstown Borough, not serviced by a curbside route, with
the prior approval of the Borough.
[Ord. 777, 5/13/2003; as amended by Ord. 818, 12/10/2013]
1.
Nonparticipation.
A.
Upon
the discovery of any violation under the terms of this Part, 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 Borough the sum of
$100 for the first offense, $150 for the second offense and for the
third or more offenses, $200, but not more than $1,000. The failure
of such person to make a settlement, as aforesaid, within seven days,
the Borough may institute an action for violation pursuant to subsection
.2.
C.
In addition
to the foregoing penalty, the Borough may require any person to remove
any accumulation of solid waste or secure the containers of any solid
waste or recyclables within five days following receipt of a written
notice, the Borough may cause the solid waste to be collected and
disposed of, with the cost for such action to be charged to the owner
of the property in a manner as provided by law.
D.
Nothing
contained in the Section shall affect, in any way, the provisions
of this Part regarding separate offenses for every day any violation
occurs.
2.
Fines
for Nonparticipation or Nonpayment. On neglect or refusal of the occupant
of any dwelling serviced by curbside recycling collection; residential
dwelling unit, or commercial, industrial, or institutional establishment,
to separate recyclable materials from municipal solid waste and place
them at curbside or sites established by the Borough or its designated
agent, or make settlement in subsection .1 or upon notice as set forth
in subsection .1 herein above, of violation of any other provision
of this Part and upon failure to remedy the same, that person, upon
conviction thereof, shall be sentenced to pay a fine of not less than
$100 nor more than $1,000 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 90 days.
Each day that a violation of this Part continues or each Section of
this Part which shall be found to have been violated 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 Myerstown Borough regulations, or in violation of the provisions
of this Part, such person, firm, corporation, or other entity, upon
conviction thereof, shall be sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each Section of this Part which shall be
found to have been violated shall constitute a separate offense.
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 place of the Myerstown Borough Recycling Program,
such person, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and,in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each Section
of this Part which shall be found to have been violated shall constitute
a separate offense. The affected resident will be responsible for
replacing any missing container through purchase from the Borough
or its designated agent.
5.
Equitable
Action. Upon failure to remedy any violation of this Part which has
been duty noticed in accordance with subsection .1 above, the Borough
may proceed to file and prosecute an action in equity before the Court
of Common Pleas of Lebanon County to compel compliance and for imposition
and collection of any appropriate fine or penalty together with such
legal fees incurred by the Borough at the hourly rate charged by the
Borough’s Solicitor and as authorized by resolution.
