[Ord. 208, 7/8/1985]
Unless the context clearly indicates otherwise, the meanings
of the terms used in this Part shall be as follows:
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.
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.
Every natural person, firm, corporation, partnership, association
and institution.
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."
[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.
[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.
[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.
[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.
A person desirous of being authorized as a collector.
The Borough of Middleburg, Snyder County, Pennsylvania, and
the governing body or its official thereof.
A person authorized by Lycoming County, with the approval
of the Borough of Middleburg, to collect, transport and dispose of
municipal waste.
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 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.
Any site, location, area, incinerator, resource recovery
facility or premises to be used for the ultimate disposal of municipal
waste.
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
The Board of County Commissioners of Lycoming County, Pennsylvania,
and/or the Lycoming County Solid Waste Department thereof.
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.
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.
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.
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.
At least two or more times per month.
All materials which are discarded as useless.
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.
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 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.
The off-site removal of any municipal waste at any time after
generation.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
