[HISTORY: Adopted by the Borough Council of Montgomery Borough as indicated in article histories. Amendments noted where applicable.]
[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:
- A person desirous of being authorized as a collector.
- The Borough of Montgomery, Lycoming County, Pennsylvania, and the governing body or its officials thereof.
- 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.
- A process of controlled biological decomposition of organic materials producing a stable, aerobic, humus-like product.
- The County Commissioners of Lycoming County, Pennsylvania, and/or the Lycoming County Solid Waste Department thereof.
- 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.
- 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.
- 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.
- 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.
- All materials which are discarded as useless.
- 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.
- 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.
- The off-site removal of any municipal waste at any time after generation.
It shall be unlawful for any person to store, dispose, dump, discard or deposit, or permit the storage, dumping, discarding or depositing of, any municipal waste upon the surface of the ground or underground within the jurisdictional limits of this Borough, except in proper containers for purposes of storage or collection, and except where the waste is of such size or shape as not to permit it being placed in such containers. This section is not intended to prohibit the use of a properly maintained home compost pile.
It shall be unlawful for any person to dump or deposit municipal waste in any stream or body of water within the jurisdictional limits of this Borough.
Nothing contained herein shall be deemed to prohibit any person, not regularly engaged in the business of hauling solid waste for profit, from hauling such solid waste on an irregular and unscheduled basis, so long as such hauling and disposal is in accordance with the ordinances of this Borough and is permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection.
Nothing contained in this article shall prohibit a farmer or gardener from carrying out the normal activities of his farming or gardening operation, including composting and spreading manure or other farm-produced agricultural wastes.
It shall be unlawful for any person, other than such persons as are duly authorized by the county with the approval of this Borough, to collect and transport solid waste of any nature as a regular hauling business within or from the Borough. Authorization shall be given only as set forth below.
The county with the approval of the Borough shall authorize by issuance of a business license such hauler(s) to collect and transport all wastes in this Borough. All applications for licensing shall be reviewed by the Department of Solid Waste of Lycoming County as the license issuing agency for the Borough and shall be approved in accordance with the following criteria:
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 article and the rules and regulations established by the County Solid Waste Department.
At the time of application submission, the applicant shall indicate that he has the appropriate type of sanitary, watertight, closed or covered truck with which to collect municipal wastes and shall provide evidence that he carries sufficient liability insurance on the vehicle.
Licenses shall be issued on a fiscal year basis, but may be revoked at any time by the Borough and the Lycoming County Solid Waste Department General Manager for just cause in accordance with the rules and regulations adopted by the Board of County Commissioners and pursuant to the rules and regulations of the Department of Environmental Protection.
Fees for such licenses shall be paid by the applicant to the County Solid Waste Department and said fees shall be on the basis of cost and covered in the rules and regulations of the County Solid Waste Department.
The storage of all solid waste shall be practiced so as to prevent the attraction, breeding, or harborage of insects or rodents and to prevent conditions which may create potential hazards to the public health or which create fire and other safety hazards, odors, unsightliness or public nuisance.
Any person accumulating or storing garbage on private or public property in the Borough of Montgomery for any purpose whatsoever (including waste being stored temporarily for ultimate disposal in a bulk container, as well as waste being stored for door-to-door collection) shall place the same or cause the same to be placed in sanitary closed or covered containers in accordance with the Borough Maintenance Code.
Solid waste to be collected on a door-to-door basis shall be prepared for such collection in a manner agreed upon by the property owner and hauler.
Solid waste of a highly flammable or explosive nature, or highly infectious or contagious wastes shall not be stored for ordinary collection, but shall be disposed of in accordance with the directions of the Commonwealth of Pennsylvania, Department of Environmental Protection.
Notwithstanding the terms of this section, compost piles kept by occupants or tenants of a structure shall not violate the terms and conditions of this section, provided that the materials in the compost piles do not generate any offensive odors, and provided further that said compost piles are secure so that animals do not spread the materials from the compost piles around the premises.
[Added 5-13-2008 by Ord. No. 2008-01]
[Amended 5-13-2008 by Ord. No. 2008-01]
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]
Any person or commercial establishment authorized to dispose of their own waste shall provide for collection on a weekly basis or more often.
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.
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.
All solid waste produced, collected and transported from within the jurisdictional limits of the Borough shall be, to the extent permitted by law, disposed of at the Lycoming County Solid Waste System unless otherwise controlled and permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection.
It shall be unlawful for a licensed or authorized collector in the Borough to dispose of solid waste collected within the Borough at a place other than the facilities designated in the Solid Waste Management Plan of the municipality, as approved by the Department of Environmental Protection.
The disposal of bulky wastes, such as, but not limited to, refrigerators, stoves, other appliances, pieces of furniture, auto parts, and other household goods and equipment shall be performed by commercial or private collection unless a cleanup campaign by the Borough shall prescribe the manner of such collection and disposal.
[Amended 12-12-1995 by Ord. No. 1995-21]
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.
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.
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.
This article shall be subject to all applicable federal, state and local laws, ordinances, rules and regulations including the rules and regulations as set forth by the Department of Environmental Protection, Commonwealth of Pennsylvania.
This article or any part thereof may be amended from time to time in accordance with the procedures established by law.
This article shall become effective on the first day of February 1989.
[Adopted 4-10-1990 by Ord. No. 1990-2 (Ch. XV, Part 2, of the 1996 Code of Ordinances)]
Whereas, Section 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 people; and
Whereas, the Act of July, 1988, No. 101, known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," 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
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; and
Whereas, the remaining permitted solid waste landfills are reaching their capacity; and
Whereas, there is an increasing necessity to conserve our natural resources; and
Whereas, the collection of recyclable materials from residences and commercial and institutional establishments promotes the general public interest; and
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 the preservation of the environment;
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:
- ALUMINUM CANS
- All aluminum beverage and food containers.
- A person desirous of being authorized as a collector of source-separated recycled materials.
- BIMETAL CONTAINERS
- Those properties of containers consisting of steel and aluminum.
- 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.
- FERROUS CONTAINERS
- Empty steel or tin-coated steel food or beverage containers.
- 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.
- LEAF WASTE
- Leaves from trees.
- 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.
- MULTIFAMILY HOUSING PROPERTIES
- Having four or more dwelling units per structure.
- 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.
- Borough of Montgomery, Lycoming County, Pennsylvania.
- 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.
- OFFICE PAPER, HIGH-GRADE
- See "high-grade office paper" above.
- 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.
- 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.
- 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.
There is hereby established a municipal recycling program for the mandatory separation of recyclable materials from solid waste by persons residing in single dwellings or multifamily dwellings having up to and including three dwelling units per structure.
The Borough of Montgomery, Department of Streets, shall be responsible for scheduling a day, at least once a month, for collection of recyclable material. The Department of Streets has the authority to establish and modify this schedule and the responsibility for communicating it to the residents of the Borough, along with the authority to make regulations pursuant to this article.
Recyclable materials from residential dwellings shall be placed at the curb or other designated place separate from solid waste for collection or taken to dropoff sites at such times, dates and places and manner as may be established by regulation of the Department of Streets. Materials to be recycled are: clear glass, brown glass, green glass and aluminum beverage containers or other materials as listed in the regulation as the market develops.
The recyclable materials shall be placed in designated containers which may be provided by the Borough; and, if so provided, said containers shall be and remain the property of the Borough and remain with residence, regardless of owner or tenant.
The materials to be recycled may be changed by regulations as developed by the Borough of Montgomery.
Commercial, municipal and institutional establishments shall separate and store, until collection, high-grade office paper, corrugated paper, aluminum beverage containers, leaf waste and other materials deemed appropriate according to the Borough of Montgomery regulations. These establishments 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 documentation of the total number of tons recycled by providing invoices of all materials collected from the establishments that were marketed.
At all community activities recyclable materials designated by the Borough must be separated for collection. Sponsoring organizations must arrange for the transfer of the materials to a recycling market.
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.
Ownership of any recyclable materials is retained by the owners, lessees and occupants of residences, commercial or institutional establishments until the materials are placed at curbside or a similar location for collection. Thereafter, once the materials are placed at curbside or a similar location, they become the property of the municipality or its contract collector.
It shall be a violation of this article for any persons unauthorized by the Borough to collect or pick up or cause to be picked up any such recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
All recyclable materials must be delivered by the authorized collector to recycling markets.
It shall be a violation of this article for the authorized collector of recyclable materials to deliver such materials to a landfill or incinerator for the purpose of disposal. The authorized collector will provide to the Borough the weight receipts of the recyclable materials, collected and marketed.
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:
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.
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.
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.
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]
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.
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.