Borough of Middleburg, PA
Snyder County
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Table of Contents
Table of Contents

§ 20-101 Definitions.

[Ord. 208, 7/8/1985]
Unless the context clearly indicates otherwise, the meanings of the terms used in this Part shall be as follows:
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish or fowl, fruits and vegetables and parts thereof and other articles and materials ordinarily used for food which have become unfit for such use or which are for any reason discarded.
JUNK
All solid noncombustible matter and materials discarded or rejected by the owners thereof as offensive or useless or which, by their presence or their accumulation, may injuriously affect the health, comfort and safety of the community. The term "junk" shall include scrap metal, unused or unusable automobiles or components thereof, synthetic material or glass.
PERSON
Every natural person, firm, corporation, partnership, association and institution.
RUBBISH
Leaves, branches, trees, sawdust, chips, shavings, woods, ashes, woodenware, paper, printed matter, boxes, leather, rags, grass, straw, manure and all other solid combustible matter not included in this section under the term "garbage."

§ 20-102 Prohibited Acts.

[Ord. 208, 7/8/1985]
It shall be unlawful for any person to store, deposit, dump, spill, throw, place or bury, or permit another to store, deposit, dump, spill, throw, place or bury, in or upon any parcel of land, lot, street, highway, gutter, alley, water or stream, quarry or ditch within the Borough of Middleburg, any junk, garbage or rubbish except under the following circumstances:
A. 
Rubbish or garbage stored on the premises owned or leased by the producer of the same which is awaiting removal by a refuse collector, provided it is stored in a safe, sanitary and nuisance-free manner.
B. 
Manure or fertilizer used as fertilizer or mulch in farming and gardening.
C. 
Dead household pets interred in places set apart for that purpose.
D. 
Soil, earth, sand, clay, gravel, loam, ashes, slate, stones, brick, plaster, cement, leaves, branches, trees, sawdust, chips, shavings, wood, glass or straw when used as fill, provided it is done in a safe, sanitary and nuisance-free manner.
E. 
Junk automobiles and components thereof may be stored on premises owned or leased by a person, firm, partnership or corporation who or which is lawfully and legitimately in the business of repairing, reconditioning or rehabilitating such automobiles, for a period of time not to exceed six months.

§ 20-103 Violations and Penalties.

[Ord. 208, 7/8/1985; as amended by Ord. 295, 11/8/2005; and by Ord. 323, 9/9/2014]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs and, in default of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.

§ 20-104 Removal of Junk by Borough; Costs.

[Ord. 208, 7/8/1985]
The District Justice may, upon convicting any person of violating any of the provisions of this Part, order such violator to remove the offending junk, garbage or rubbish from the Borough within 10 days from the date of such conviction. In the event that a violator fails to comply with such an order, the offending junk, garbage or rubbish shall be removed from the Borough by employees of the Borough of Middleburg at the expense of the violator.

§ 20-201 Definitions.

[Ord. 222, 7/11/1988, § 1]
The following words and phrases, when used in this Part, have, unless the context clearly indicates otherwise, the meanings given to them in this section.
APPLICANT
A person desirous of being authorized as a collector.
BOROUGH
The Borough of Middleburg, Snyder County, Pennsylvania, and the governing body or its official thereof.
COLLECTOR
A person authorized by Lycoming County, with the approval of the Borough of Middleburg, 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.
COMPOST
A process of controlled biological decomposition of organic materials, producing a stable, aerobic, humus-like product.
DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking, or placing of municipal waste into or on the land or water in a manner that the solid waste or 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.
LYCOMING COUNTY
The Board of County Commissioners of Lycoming County, Pennsylvania, and/or the Lycoming County Solid Waste Department thereof.
MANAGEMENT
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 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" 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.
PERSON
Any 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.
PROCESSING
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.
REGULAR
At least two or more times per month.
REFUSE
All materials which are discarded as useless.
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.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute a 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.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation.

§ 20-202 Dumping.

[Ord. 222, 7/11/1988, § 2; as amended by Ord. 295, 11/8/2005]
1. 
It shall be unlawful for any person to store, dispose of, 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 container. This section is not intended to prohibit the use of a properly maintained home compost pile.
2. 
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.
3. 
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.
4. 
Nothing contained in this Part 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.

§ 20-203 Authorization of Collectors.

[Ord. 222, 7/11/1988, § 3; as amended by Ord. 295, 11/8/2005]
1. 
It shall be unlawful for any person, other than such persons as are duly authorized by Lycoming 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.
2. 
Lycoming 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 license issuing agency for the Borough and shall be approved in accordance with the following criteria:
A. 
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 Part and the rules and regulations established by the County Solid Waste Department.
B. 
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.
C. 
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 Lycoming County Commissioners and pursuant to the rules and regulations of the Department of Environmental Protection.
D. 
Fees for such licenses shall be paid by the applicant to the Lycoming County Solid Waste Department, and said fees shall be on the basis of cost and covered in the rules and regulations of the Lycoming County Solid Waste Department.

§ 20-204 Preparation and Storage of Solid Waste.

[Ord. 222, 7/11/1988, § 4; as amended by Ord. 295, 11/8/2005]
1. 
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.
2. 
Any person accumulating or storing garbage on private or public property in the Borough of Middleburg 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.
3. 
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.
4. 
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.

§ 20-205 Collection and Collection Charges.

[Ord. 222, 7/11/1988, § 5]
1. 
Solid waste to be collected by a licensed hauler shall be prepared for and collected at sufficient intervals to protect the general health, safety and welfare of the neighborhood.
2. 
Any person or commercial establishment authorized to dispose of their own waste shall provide for collection at intervals short enough to prevent accumulations of waste that may be unsafe, unsightly or potentially harmful to the public health.
3. 
All agreements for collection, transportation and disposition of solid waste collected on a door-to-door basis shall be by private contract between the person and the collector.

§ 20-206 Transportation of Solid Waste.

[Ord. 222, 7/11/1988, § 6]
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.

§ 20-207 Disposal of Solid Waste.

[Ord. 222, 7/11/1988, § 7; as amended by Ord. 295, 11/8/2005]
1. 
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.
2. 
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.
3. 
The disposal of bulky wastes, such as, but not limited to, refrigerators, stoves, other appliances, pieces of furniture, auto parts, 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.

§ 20-208 Penalties and Violations.

[Ord. 222, 7/11/1988, § 8; as amended by Ord. 295, 11/8/2005; and by Ord. 323, 9/9/2014]
1. 
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs and, in default of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
2. 
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.