[HISTORY: Adopted by the Borough Council of the Borough of Mount Gretna as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-14-1990 by Ord. No. 42A]
As used in this article, the following terms shall have the meanings indicated:
- The animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods.
- Any natural person, association, partnership, firm or corporation.
- All waste materials not included in the definition of garbage, except for such materials as shall be designated, from time to time, by the Borough or the County of Lebanon for separate collection for recycling.
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
Preparation of refuse.
All garbage before being placed in garbage cans for collection shall be drained free from all liquids and may, if desired, be wrapped in paper.
All refuse shall be drained of any liquid before being deposited for collection.
All cans and bottles which have contained food shall be thoroughly rinsed and drained before being deposited for collection.
Tree trimmings, hedge clippings, old newspapers and similar materials shall be tied into bundles before being deposited for collection.
Garbage and refuse containers.
Garbage and refuse receptacles shall be kept as sanitary as possible and shall be thoroughly cleansed by the owner, at least periodically, after collection.
It shall not be necessary to separate garbage and refuse by placing or storing the same in separate containers, but any container in which garbage is placed or stored shall be made of metal or plastic, be watertight and be provided with a watertight cover.
No person shall use a garbage or refuse receptacle having a capacity of more than 30 gallons.
All garbage and refuse receptacles shall be provided by the owner, tenant or occupant of the premises.
All garbage and refuse receptacles shall be maintained in good condition. Any receptacle that does not conform to the provisions of this article or that may have ragged or sharp edges shall be promptly replaced upon notice to do so. Where the condition of a receptacle is the result of carelessness on the part of the collector, it shall be the collector's responsibility to replace such a receptacle. Failure to comply with such a request will constitute a violation of this article.
Storing of garbage and refuse.
No person shall place any garbage or refuse in any street, alley or other public place, or upon any private property either owned by such person or not, within the Borough limits except if same is placed in a proper receptacle for collection or under an expressed approval granted by the Borough. Likewise, no person shall throw or deposit any garbage or refuse in any stream or any body of water.
Any unauthorized accumulation of garbage and refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of garbage and refuse within 30 days after the effective date of this article shall be deemed a violation of same.
Place of collection.
Garbage and refuse receptacles, 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.
Frequency of collection.
Garbage shall be collected at least once a week.
More frequent collections may be required by the Borough for hotels, restaurants and other such business or institutions where determined to be necessary to protect the public health.
Hotels, restaurants and other such business or institutions, where necessary to protect the public health, may be required by the Borough to have frequent collections made.
Collection vehicles. All collection vehicles shall be watertight, or of substantial construction, and provided with covers, which shall be attached to a permanent part of said vehicle, which shall be tightly and securely closed at all times, except at such time as garbage and refuse is being placed therein. Such vehicles shall not be filled so as to permit any overspill on streets or highways, and shall be thoroughly cleansed at such time as the need arises to prevent any nuisance from odors. Also, such vehicles shall be properly maintained and painted when such a need is apparent.
No person shall hereafter dispose of any garbage or refuse from any premises in the Borough except by conveyance of the same to a sanitary landfill operated by the Greater Lebanon Refuse Authority.
After the effective date of this article, any open dumpings within the Borough than otherwise provided for herein shall constitute a violation of this article and shall be punishable as herein prescribed.
Any person who shall violate or fail to comply with any of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not more than $600 and costs of prosecution. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day’s continuance of a violation of this article shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[Adopted 11-11-1991 by Ord. No. 141]
Act 101 of 1988, an Act of the Commonwealth of Pennsylvania, entitled the "Municipal Waste Planning, Recycling and Waste Reduction Act," encourages municipalities which do not meet the size requirements for mandatory recycling to enter into recycling and solid waste management on a voluntary basis.
Editor's Note: See 53 P.S. § 4000.101 et seq.
It is the desire of the Mount Gretna Borough Council to establish, in conjunction with neighboring municipalities, a substantial solid waste recycling and solid waste management and reduction program within the Borough to better utilize existing and future solid waste disposal facilities and to work toward a more productive and environmentally sound method of solid waste management.
The short title of this article shall be the "Mount Gretna Borough Recycling Ordinance," and the same may be cited in that manner.
The following words, when used in this article, shall have the following definitions:
- ALUMINUM CANS
- Empty, all aluminum beverage and food containers.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of a combination of ferrous metals and aluminum, i.e., ferrous sides and aluminum top and/or bottom.
- COMMERCIAL ESTABLISHMENT
- Properties used primarily for commercial and/or industrial purposes.
- FERROUS CONTAINERS
- Empty steel or tin food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
- INSTITUTIONAL ESTABLISHMENTS
- Facilities that house or serve groups of people, i.e., hospitals, schools, nursing homes, etc.
- MAGAZINES and PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.
- Paper of the type commonly referred to as newsprint. Expressly excluded are newspapers that have been soiled.
- Owners, lessees and occupants of residents, commercial or institutional establishments.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers.
- RECYCLABLE MATERIALS
- Materials specified from time to time in the rules and regulations for recycling.
- Any occupied single-family or multifamily dwelling.
- SOLID WASTE
- All refuse (garbage and rubbish) and other discarded solid material normally collected by municipal or private haulers.
- YARD WASTE
- Pruning, grass clippings, weeds, leaves and garden wastes.
There is hereby established a program for the mandatory recycling of certain specified solid waste by all persons within Mount Gretna Borough, hereinafter referred to as the Borough. 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.
It shall be a violation of this article for any person(s) unauthorized by the Borough to collect or pick up or cause to be collected or picked up any such recyclables. Each such collection in violation hereby shall constitute a separate and distinct offense punishable as hereinafter provided.
The Borough, with the advice of the Solid Waste Management Advisory Committee, shall establish and promulgate reasonable regulations as to the manner, days and times for the collection of recyclable materials in accordance with the terms hereof, and any other matters required to implement this article. The Borough may change, modify, repeal or amend any portion of said rules and regulations at any time.
Mount Gretna Borough Council is hereby charged with the enforcement of this article and the rules and regulations promulgated from time to time.
The Borough may enter into agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from the Borough.
Any person may donate or sell recyclable materials to individuals or organizations authorized by the Borough in its recycling regulations. These materials must be delivered to the individual's or organization's site.
It is prohibited and will be deemed a violation hereof for any owner, lessee or occupant of any residential, commercial, or institutional property in the Borough to put into or cause to be put into the solid waste collection system of the Borough any leaves or grass or other yard waste.
Recyclable materials removed from the Borough must be processed in an approved processing facility and may not be discarded in the Greater Lebanon Refuse Authority Landfill unless authorized by the Greater Lebanon Refuse Authority in writing to Mount Gretna Borough.
Any person, firm, corporation or other entity who shall violate or fail to comply with any of the provisions of this article or any rules and regulations promulgated pursuant hereto shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not more than $600 and costs of prosecution. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day’s continuance of a violation or failure to comply with any provision of this article or any rules and regulations promulgated pursuant hereto shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.