[HISTORY: Adopted by the Borough Council
of the Borough of Mount Pocono as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-1-1981 by Ord. No. 3-1981]
A.
Intent
and purpose. All domestic refuse within the Borough of Mount Pocono
shall be collected and removed by a collector who shall be designated,
from time to time, by the Mount Pocono Borough Council and shall be
disposed of in an area authorized and approved in accordance with
all applicable regulations.
[Added 2-1-2010 by Ord. No. 2-2010]
B.
No person
shall dispose of garbage or refuse within the Borough of Mount Pocono
except as hereinafter provided. The terms "garbage" and “refuse”
shall be as defined by regulations of the Borough Council adopted
from time to time.
C.
RESIDENCE
Definitions.
As used in this article, the following words shall have the meanings
indicated:
[Added 2-1-2010 by Ord. No. 2-2010]
A place of dwelling within the Borough, whether inhabited
on a full- or part-time basis or uninhabited, of one or more persons
where refuse is generated or capable of being generated through normal
living habits. It shall include apartments, townhouses, PRDs, or buildings
devoted to multifamily occupancy, with each apartment or unit of multifamily
occupancy constituting a singular residence hereunder.
[Amended 12-21-1987 by Ord. No. 6-1989; 12-6-2004 by Ord. No. 7-2004]
A.
Garbage and refuse shall be collected once a week
by the Borough from all single-family residences, multifamily residences
and PRDs within the Borough limits.
B.
All garbage or refuse shall be placed in approved
containers at approved pickup areas along public rights-of-way within
the Borough. All garbage and refuse must be contained within bags,
and all bags must be placed in secured containers of a type acceptable
to and approved by the Borough. There shall be a limit of three containers
per dwelling unit.
C.
No garbage or refuse shall be placed for collection
prior to 24 hours before the scheduled pickup of garbage or refuse.
D.
All empty refuse or garbage containers must be removed
from the roadside within 24 hours after the refuse or garbage has
been collected.
E.
The Borough shall not be responsible for the collection
of garbage and refuse from business establishments, all of which must
make their own arrangements with private contractors and haulers.
F.
Borough Council, by resolution, shall permit and/or
limit the placing of bulk items for collection. For purposes of this
subsection, bulk items include items such as appliances, furniture,
mattresses, or other large items not usually placed in a garbage container.
G.
Construction or demolition debris shall not be placed
at curbside for collection. All property owners must make their own
arrangements for the removal of construction or demolition debris.
For purposes of this subsection, construction or demolition debris
shall be defined as the by-products of any construction activity on
improved property, including but not limited to lumber, sheetrock,
shingles, insulation, siding, carpeting, unused building supplies,
or any and all other by-products or refuse created by construction
activities.
H.
All homeowners and/or renters moving into or out of
a residence within the Borough shall separately contract for garbage
removal, if necessary.
I.
Only property owners and/or tenants of property owners
within the Borough may place garbage and refuse for collection. Dumping
of garbage and refuse anywhere in the Borough, except as described
and authorized above, is prohibited.
Any person violating any of the provisions of
this article shall, upon conviction thereof, pay a fine for the use
of the Borough of not more than $1,000, plus costs of prosecution,
and, in default of payment of such fine and costs, be subject to imprisonment
for not more than 30 days. Each day that any violation of this article
continues shall constitute a separate offense.
[Adopted 6-17-1991 by Ord. No. 4-1991]
This article shall be known and may be cited
as the “Municipal Recycling Ordinance.”
This article is enacted pursuant to the Solid
Waste Management Act, P.L. 380, No. 97, July 7, 1980, and the Municipal
Waste Planning, Recycling and Waste Reduction Act, No. 101, July 28,
1988.[1]
[1]
Editor’s Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
It is the purpose of this article to:
A.
Require recycling as a means of managing municipal
waste, conserving resources and supplying energy.
B.
Establish and implement within the Borough a recycling
program to return valuable materials to productive use, to conserve
energy and to protect capacity at municipal waste processing or disposal
facilities.
The following words and phrases when used in
this article shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
The restoration, reclamation, recovery, etc., of a natural
resource adversely affected by the activity of a person.
Aluminum food and beverage containers which contain only
nonaerosol or edible substances.
Plastic beverage carriers that degrade by biological processes,
photodegradation, chemodegradation or degradation by other natural
processes.
The Department of Environmental Protection of the Commonwealth
and its authorized representatives.
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air or is discharged to the waters of this commonwealth.
Refers to all products made of silica or sand, soda ash and
limestone, the product being transparent or translucent, excluding
however blue or flat glass and glass commonly known as "window glass."
The entire process, or any part thereof, of storage, collection,
transportation, processing, treatment and disposal of solid wastes
by any person engaging in such process.
The Borough of Mount Pocono, Monroe County, Pennsylvania.
A source separation and collection program for recycling
Borough waste or source-separated recyclable materials, or a program
for designated drop-off points or collection centers for recycling
Borough waste or source-separated recyclable materials, that is operated
by or on behalf of this Borough. The term includes any source-separation
and collection program for composting yard waste that is operated
by or on behalf of this Borough. The term shall not include any program
for recycling construction/demolition waste or sludge from sewage
treatment plants or water supply treatment plants.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous 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 in the Solid Waste Management Act[1] from a municipal, commercial, or institutional water supply
treatment plant, waste water treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
Any facility that is designed, operated or maintained for
the disposal of municipal waste, whether or not such facility possesses
a permit from the department under the Solid Waste Management Act.
The term does not include any facility that is used exclusively for
disposal of construction/demolition waste or sludge from sewage treatment
plants or water supply treatment plants.
Paper commonly referred to as newsprint and distributed at
stated intervals. Magazines, books, and other paper reading materials
shall not be considered newsprint under this article.
A person engaged in solid waste processing or disposal. Where
more than one person is so engaged in a single operation, all persons
shall be deemed jointly and severally responsible for compliance with
the provisions of this article.
Any individual, partnership, corporation, association, institution
or cooperative enterprise. In any provisions of this article prescribing
a fine, imprisonment or penalty, or any combination of the foregoing,
the term “person” shall include the officers and directors
of any corporation or other legal entity having officers and directors.
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.
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 treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term “recycling
facility” shall not mean transfer stations or landfills for
solid waste noncomposting facilities or resource recovery facilities.
Any waste, including but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal ash or drill cuttings.
The act of July 7, 1980 (P.L. 380, No. 97).
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
The containment of any municipal 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 municipal 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.
Any method, technique or process, including, but not limited
to, neutralization, designed to change the physical, chemical or biological
character or composition of any municipal waste so as to neutralize
such waste so as to render such waste safer for transport, suitable
for recovery, suitable for storage or reduced in volume.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
Powers. In carrying out its duties under this section,
the Borough Council of the Borough of Mount Pocono may adopt resolutions
establishing procedures, regulations and standards for the recycling,
transportation, storage and collection of municipal wastes, or recyclable
materials which shall not be less stringent than, and not in violation
of or inconsistent with, the provisions and purposes of the Solid
Waste Management Act, the Municipal Waste Planning, Recycling and
Waste Reduction Act[1] and the regulations promulgated pursuant thereto.
[1]
Editor’s Note: See 53 P.S. § 4000.101
et seq.
B.
Duties. The Borough shall implement the provisions
of this article by collecting, transporting, processing or marketing
recyclable materials or may contract, subject to competitive bidding,
with any person to carry out its duties for the recycling, transportation,
collection and storage of municipal waste and recyclable materials,
if the recycling, transportation, collection or storage activity or
facility is conducted or operated in a manner that is consistent with
the Solid Waste Management Act, the Municipal Waste Planning, Recycling
and Waste Reduction Act, this article and the regulations promulgated
pursuant thereto.
The Borough of Mount Pocono hereby establishes
and implements a source-separation and collection program for recycling
materials in accordance with Section 1501 of the Municipal Waste Planning,
Recycling and Waste Reduction Act.[1] The source-separation and collection program shall include
the following regulations:
A.
Persons are hereby required to separate certain designated
materials, deemed appropriate hereafter, from other municipal waste
generated at their homes, apartments and other residential establishments
and to store such material until collection. The materials shall be
designated periodically from the following: clear glass, colored glass,
aluminum, steel and bimetallic cans, high-grade office papers, newspapers,
corrugated paper and plastics. Nothing in this article shall be deemed
to impair the ownership of separated materials by the person who generated
them unless any such materials are placed at curbside or similar location
for collection by the Borough. At least three materials shall be designated
by the municipality for collection.
B.
Recyclable materials as designated pursuant to Subsection A above shall be collected at all locations in the Borough where municipal waste is presently collected. Suitable containers shall be provided by the Borough, and shall be brought to the curbside on pickup days.
C.
This article shall apply to all residential dwelling
units within the Borough of Mount Pocono, including single-family
residences, multifamily housing developments, apartments, condominiums,
and planned residential developments. This article shall not apply
to commercial establishments where the municipality presently does
not collect municipal waste.
[Amended 2-1-2003 by Ord. No. 1-2003]
[1]
Editor’s Note: See 53 P.S. § 4000.1501.
It shall be a violation of this article for
any person, other than the hauler authorized by the municipality,
to collect recyclables placed at curbside pursuant to this article.
Each unauthorized collection from one or more collection sites shall
constitute a separate and distinct offense punishable as hereinafter
provided.
Any person, other than a municipal official
exercising his official duties, who violates any provision of this
article, any resolution enacted hereunder, any order issued hereunder,
or the terms or conditions of any contract awarded in the implementation
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000, and costs, and, in default of the
payment of such fine and costs, to undergo imprisonment for not more
than 30 days.
