Borough of Mifflinburg, PA Chapter 11 Solid Waste

Part 1 REFUSE STORAGE, COLLECTION AND DISPOSAL

§ 11-1 Title.

[Ord. 2-1973, 2/20/1973, § 1]

This Part 1 shall be known as the "Refuse Storage, Collection and Disposal Ordinance."

§ 11-2 Liability of the Owner of the Land or Buildings.

[Ord. 2-1973, 2/20/1973, § 2; as amended by Ord. 3-1977, 8/16/1977]

The owner or owners of lands or buildings within the Borough of Mifflinburg shall be considered a person under this section and shall be responsible for the storage or allowing to exist on his or her property of any garbage or refuse and shall be subject to the fine hereinafter set forth.

§ 11-3 Definitions.

[Ord. 2-1973, 2/20/1973, § 3]

1. As used in this Part, the following terms shall have the meanings indicated:

ASHES

The residue resulting from the burning of wood, coal, coke, or other combustible material.

DISPOSAL

Includes the storage, collection, disposal, or handling of refuse.

GARBAGE

All animal and vegetable wastes resulting from the handling, preparation, cooking, or consumption of foods.

PERSON

Includes any natural person, association, partnership, firm or corporation.

REFUSE

All solid wastes except body wastes, and shall include garbage, ashes and rubbish.

RESIDENCE

Consists of one or more rooms where one or more persons eat, sleep, or inhabit.

RUBBISH

Includes glass, metal, paper, plant growth, wood, or nonputrescible solid wastes.

2. Other. The singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 11-4 Storage Practices.

[Ord. 2-1973, 2/20/1973, § 4]

1. Preparation of Refuse.

A. All refuse shall be drained free of excess liquids before disposal.

2. Refuse Containers.

A. Refuse containers shall be made of durable, watertight, rust-resistant material having a close-fitting lid and handles to facilitate collection.

B. Refuse containers for residences shall be of not less than 10 gallons nor more than 20 gallons in capacity.

C. It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such materials on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean through thorough rinsing and draining as often as necessary by the owner of the container.

3. Storage of refuse.

A. Each householder, commercial establishment, or person having refuse shall provide himself with approved refuse containers and shall place and keep all refuse therein, as provided in this Part relating to handling of rubbish.

B. It shall be unlawful to place refuse in any street, sidewalk, alley, stream, body of water or any public place, or upon private property, whether owned or not, unless such refuse is placed in an approved container, as provided in § 11-4, Subsection 2, of this Part. All refuse shall be placed in containers.

§ 11-5 Collection Practice.

[Ord. 2-1973, 2/20/1973, § 5; as amended by Ord. 87-10, 7/21/1987; and by Ord. 2008-2, 5/20/2008]

1. Place of Collection. Refuse receptacles shall be placed for collection at ground level on the property at the alley if accessible. Receptacles may be placed for collection at other than ground level when approved by the collector and an additional payment for extra service is agreed upon by both parties.

2. Frequency of Collection. Refuse shall be collected at least once weekly. Hotels, restaurants, institutions, and commercial establishments may be required to have more-frequent collection if determined by governing body to be essential to protect the public health.

3. Days and Hours for Collection. No licensed collector shall engage in any activity within the Borough in connection with the collection of refuse at any time on Sunday or on any weekday between the hours of 6:00 p.m. and 6:00 a.m.

4. Resident Responsibilities.

A. All residents shall maintain written records that they are contracted with a waste hauler for transportation of their solid waste to a disposal facility or that they haul their own solid waste to a disposal facility.

5. Collection Vehicles.

A. All vehicles used for collection of garbage shall be equipped with compactor-type bodies.

B. It shall be unlawful to collect, haul, transport, or convey garbage in open, unenclosed vehicles. Any garbage collector must have a proper conveyance in which such refuse can be conveyed in a manner as not to be a source of annoyance or to create unpleasant odors and so as not to leak, drip or be scattered upon any of the streets or alleys of the Borough.

6. Disposal of Solid Waste. The Borough of Mifflinburg has entered into an agreement with Lycoming County for the disposal of the Borough's solid waste at the Department of Environmental Resources' approved facility situate in Lycoming County and operated by that county. Pursuant to this agreement, effective January 1, 1987, the following conditions apply for all collectors and/or haulers of solid waste in the Borough of Mifflinburg:

A. All collectors and/or haulers of solid waste who handle such waste which has its place of origin in the Borough of Mifflinburg shall deliver such waste only to Lycoming County's municipal solid waste facility or facilities.

B. As a condition of such collectors' and/or haulers' right to collect and haul such waste, such collectors and/or haulers shall pay to Lycoming County, upon such terms of cash and/or credit as Lycoming County shall approve, all fees charged by Lycoming County in connection with the disposal of the collectors' and/or haulers' solid waste.

C. All haulers and/or collectors of the municipal solid waste generated in the Borough of Mifflinburg will be permitted to collect and/or haul such waste only during the period of time that such collectors and/or haulers have issued to them a valid existing license issued by Lycoming County to so do. Such license shall be prerequisite of any depositing of such municipal waste in Lycoming County solid waste facilities.

D. All collectors and/or haulers of municipal solid waste generated in the Borough of Mifflinburg must comply with all regulations of Lycoming County adopted by it regulating depositing of such waste in Lycoming County's solid waste facility.

E. All collectors and/or haulers of municipal solid waste generated in the Borough of Mifflinburg will be liable to Lycoming County for all loss sustained by Lycoming County arising out of said collectors' and/or haulers' delivery of municipal solid waste to Lycoming County's facility not in conformity with the then-existing permits to operate these solid waste facilities.

F. All municipal solid waste delivered to a Lycoming County landfill and disposed of in accordance with the terms of this agreement becomes and shall remain the property of Lycoming County as long as such municipal solid waste is in compliance with the then-current permit held by Lycoming County from all other regulatory bodies.

G. The collectors and/or haulers shall be liable to Lycoming County for any waste delivered to Lycoming County's solid waste facility which is not in compliance with Lycoming County's then-existing permit. Any waste not in compliance with Lycoming County's permit to accept municipal solid waste shall remain the property and responsibility of said collectors and/or haulers and may be removed by Lycoming County from its solid waste facilities and disposed of in accordance with laws and regulations at such collectors' and/or haulers' expense.

H. In the event that Lycoming County's right to operate its existing facility for disposal of solid waste located on the property of the Federal Bureau of Prisons near Allenwood, Pennsylvania, is terminated for any reason, Lycoming County shall not be liable to any of the haulers and/or collectors of solid waste generated in the Borough of Mifflinburg for damages nor be under any obligation to provide an alternate municipal solid waste disposal facility.

§ 11-6 Special Refuse Problems.

[Ord. 2-1973, 2/20/1973, § 6; and amended by Ord. 95-04, 9/19/1995, § 3]

1. Limitation on Quantity.

A. It is the intent of this Part that the reasonable accumulation of refuse of each family for the collection period will be collected for the standard charge. The collector may refuse to collect unreasonable amounts or may make an additional charge for such amounts.

2. Contagious Disease Refuse.

A. The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the Health Officer. Such refuse should not be placed in containers for regular collection.

3. Inflammable Refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of by the owner or possessor thereof.

4. Public Refuse Receptacles. The depositing of refuse generated by homes or businesses into any public refuse receptacle is prohibited and shall constitute a violation of this Part.

§ 11-7 Power to Adopt Rules, Regulations and Collection Fees.

[Ord. 2-1973, 2/20/1973, § 7; as amended by Ord. 87-10, 7/21/1987]

The Borough Council of Mifflinburg shall have the power to promulgate and adopt, from time to time, rules and regulations implementing, but not in contradiction of, the provisions of this Part and to establish fees for refuse collection. Such collector or person shall dispose of all garbage or refuse collected within the Borough of Mifflinburg by depositing such garbage or refuse at the Lycoming County Landfill or a Pennsylvania Department of Environmental Resources' approved landfill.

§ 11-8 Supervision of Collection and Disposal.

[Ord. 2-1973, 2/20/1973, § 8]

The collection and disposal of refuse in the Borough of Mifflinburg shall be under the supervision of the Borough Manager, who shall be charged with the duty of enforcing the provisions of this Part and such regulations as shall be promulgated and adopted by the Borough Council as herein provided.

§ 11-9 Severability.

[Ord. 2-1973, 2/20/1973, § 9]

It is the intention of the Council that each separate provision of this Part shall be independent of all other provisions herein; and it is further the intention of the Council that if any of the provisions of this Part be declared to be invalid, all of the other provisions hereof shall remain valid and in force.

§ 11-10 Penalty for Violation.

[Ord. 2-1973, 2/20/1973, § 10; as amended by Ord. 3-1977, 8/16/1977]

Any person, firm or corporation, or owner, or landlord of any property violating or assisting in the violation of any of the provisions of this Part or of any regulations made by the Council under the provisions hereof, upon conviction thereof, shall pay a fine of not less than $25 nor more than $100 and, in default of the payment of such fine and costs of prosecution, shall be imprisoned in the county jail for a period of not more than 10 days. After notice, each day's neglect to comply with the provisions of this Part or any such regulation shall be deemed a separate offense and shall be subject in all respects to the same penalty as the first offense, and separate proceedings may be instituted and separate penalties imposed for each day's offense after the first conviction.