Borough of Muncy, PA Refuse Control

Shall refer to any person as defined in this section who engages in the removing, collection, handling, conveying or transporting of refuse as a commercial enterprise.

DISPOSAL

Shall include the storage, collection, disposal, or handling of refuse.

GARBAGE

Any offal or refuse of fish, fruit, vegetables, animal matter or any other organic substance, subject to fermentation or decay, including matters liquid or solid, house and store sweepings, and tin cans which contain animal or vegetable matter.

GOVERNING BODY

Shall refer to the Supervisors and Borough Council of the boroughs and townships which are subject to this article.

PERSON

Shall includes any natural person, association, partnership, firm or corporation, or principals, their agents or employees.

REFUSE

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

RUBBISH

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

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

§ 227-3 Prohibited activities.

No person shall throw or deposit or cause to be thrown or deposited any refuse upon any street, road, public or private grounds or in any stream running through or adjacent to the townships and boroughs which are subject to this article.

No person shall accumulate refuse upon private or public property in the townships and boroughs which are subject to this article except in the manner hereinafter provided, and only in such limited quantities and for such limited period of time as shall insure that no annoyance, nuisance, health hazard, or fire hazard shall be created thereby.

No person shall dispose of any refuse in the townships or boroughs which are subject to this article at any site except as hereinafter provided.

§ 227-4 Storage of refuse.

[Amended 11-5-1991 by Ord. No. 422]

Any person accumulating garbage on private or public property in the townships and boroughs which are subject to this article for any purpose whatsoever shall place same or cause the same to be placed in sanitary covered garbage containers.

Garbage containers shall be made of durable, watertight, rust-resistant material having a close-fitting flyproof lid.

Garbage containers for residences shall be not less than 10 gallons, nor more than 32 gallons in capacity. Containers for commercial establishments shall not exceed 40 gallons in capacity. Exception: dumpsters that are contracted and serviced by a licensed local refuse hauler.

Garbage containers shall be replaced when no longer in watertight, flyproof condition.

It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such material on the bottom or sides of garbage containers, it being the intention of this provision that the interior of garbage containers shall be kept clean by thorough rinsing and draining as often as necessary to prevent insect breeding, rodent food, or nuisance.

All rubbish shall be stored, assembled or bundled in such a way that it can be handled safely and conveniently and will not be disseminated by the wind or otherwise while waiting collection. All rubbish shall be of units that can be handled by one person and shall be placed in containers or piled or assembled in such a way as to facilitate collection.

When in use, dumpsters must be watertight and their lids must remain closed at all times. The customer must arrange sufficient pickup/dumping so as to ensure against overflow and/or excessive accumulation. The contractor must ensure all dumpsters in the Borough and conform to the provisions set forth in Subsection E.

§ 227-5 Responsibilities of lessors.

[Added 12-6-1983 by Ord. No. 386]

Owners of property leased to others for household or residential purposes are hereby required to provide and maintain an adequate number of receptacles for the depositing of garbage and rubbish by tenants in order that the tenants conform to this article.

§ 227-6 Collection of refuse.

No collector shall collect, remove, haul or convey any refuse through or upon the roads, streets or alleys of the townships and boroughs which are subject to this article or dispose of the same in any manner or place without first obtaining a license from the governing body.

Each person applying for a license to collect refuse shall furnish the governing body with a statement of fees to be charged private residences, institutions and commercial establishments, These fees are to be a per-can charge and other generally understood units of size or volume.

The fee for a license to collect refuse shall be determined by the permanent committee, fee to be paid to the secretary of the permanent committee and all licenses shall be issued for the calendar year, or such portion thereof as shall remain after issuance thereof. There shall be no reduction in the license fee for a license issued after the beginning of any calendar year. This license shall enable the licensee to collect refuse in all the townships and boroughs which are subject to this article.

Every refuse collector shall dispose of refuse collected in the townships and boroughs which are subject to this article at a refuse disposal site designated by the governing body.

It shall be unlawful to permit an unlicensed collector to collect or remove refuse from a residence, institution or commercial establishment.

Refuse shall be collected or disposed of from residences, institutions and commercial establishments at least once weekly. Twice-weekly collections may be required during the months of May, June, July, August and September if deemed necessary by the governing body. Hotels, restaurants, institutions and other commercial establishments producing large volumes of refuse may be required to have more frequent collections as determined by the governing body to be essential for the protection of the public health.

Refuse containers shall, for the purpose of collection, be made readily accessible to the collector.

The governing body may review fees charged by collectors for collecting refuse from residences, institutions and commercial establishments and may regulate or fix maximum fees that may be charged in the best interests of the public.

§ 227-7 Transportation of refuse.

Vehicles used by collectors for commercial transportation of refuse shall be of substantial construction and the cargo-carrying area shall be watertight and covered, enclosed or protected in such a manner as to prevent the loss of material in transit. They shall not be overfilled so as to cause fouling of the streets, highways, roads or alleys of the townships and boroughs which are subject to this agreement. Cargo areas of vehicles shall be cleaned whenever necessary to prevent any nuisance from fly-breeding or odors. Where collections are effected by the transportation of covered cans, regulations as to watertightness and covering of vehicles shall not apply.

§ 227-8 Disposal of refuse.

All refuse produced, disposed of or brought into the jurisdictional limits of the townships and boroughs which are subject to this article shall be disposed of by the sanitary landfill method of refuse disposal.

It shall be unlawful to dump, burn, destroy, or otherwise dispose of refuse except at a refuse disposal site designated by the governing body. Unusual refuse problems will be handled by special arrangements with the governing body.

Properties assessed as agricultural may dispose of refuse produced on the property by permission and at the direction of the governing body.

It shall be unlawful for collectors to dump refuse at the sanitary landfill during periods when it is officially closed.[1]

[1]

Editor's Note: Original Section 108.E, regarding burying garbage on private property, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 227-9 Rules and regulations.

The accumulation, storage, collection, transportation and disposal or refuse in the townships and boroughs which are subject to this article shall be subject to such rules and regulations as may be made by the governing body, and shall be enforced by the permanent committee, provided that such rules and regulations are not contrary to the provisions hereof.

§ 227-10 Violations and penalties.

[Amended 11-5-1991 by Ord. No. 422]

Any person whether as principal agent or employee violating or assisting in the violation of this article or any regulation made by the governing body shall, upon conviction, be sentenced to pay a fine of not less than $25 nor more than $300, or in default of payment of such time then to imprisonment for not more than 90 days.

Each day's continuance of a violation of this article or regulations may constitute a separate offense, and separate proceedings may be instituted and separate penalties imposed for each such day's offense after the first conviction.

§ 227-11 Supplemental contract or agreement authorized; withdrawal; changes.

This article may be supplemented by a written contract or agreement as recommended by the permanent committee of the various townships and boroughs that are a party to this contract or agreement, by a set of rules and regulations, regulating policing in conjunction with each other or separately, hours of landfill operation open to the general public of the townships and boroughs that are a party hereto.

Withdrawal clause. Written notice of intention to withdraw from this agreement shall be submitted to the Chairman of the permanent committee. In no case shall withdrawal be permitted prior to one year from date of submission of intent to withdraw from this agreement.

No changes shall be put into effect without at least one month's prior notice to the parties to this article and agreement.

§ 227-12 Permanent committee.

The participating boroughs and townships shall create a permanent committee to enforce this article, and shall before the effective date of this article, appoint one of the members of their effective date of this article, appoint one of the members of their councils or supervisors to be a member of the permanent committee, whose duty shall be the enforcement of this article and also to inform his or her respective appointing body of any and all matters that inform his or her respective appointing body of any and all matters that the permanent committee has dealt with or is in process of considering. The committee shall elect a Chairman and a secretary/treasurer.

The term of each appointed member shall be for a term of one, two, four or six years, at the discretion of the appointing body. Any vacancy which subsequently arises shall be filled within 30 days from date of such vacancy.

All incidental costs of operation of this committee shall be assessed to the participating townships and boroughs on a pro rata basis according to the population of the territory actually serviced by the licensed haulers, as required under the provisions of this article.

The permanent committee shall have full power to call on each or all participating members of this agreement for police, attorneys, and all other necessary aid required to enforce this article. The only exception to be legislative action which shall be accomplished only at a regular meeting called by the Chairman of the permanent committee of all participating Borough Councils and Township Supervisors, and with the majority consent of said members attending. For any legislative meeting, a quorum shall consist of a majority of the participating townships and boroughs of this article.