[Ord. 545, 11/18/1987, § 1]
The following terms shall have the following meaning in this Part:
COLLECTOR
Any person collecting or transporting municipal solid waste for owners or occupants of property in the Borough, including the Borough, itself if it undertakes the collection of municipal solid waste directly, and any business or institution within the Borough, which generates municipal solid waste and uses its own employees and equipment for the collection and transport of the waste.
CONTRACTOR
One or more contractors with whom the County or the Delaware County Solid Waste Authority (hereinafter referred to as "Authority") contracts for construction and operation of the proposed resource recovery plant or plants, or other solid waste facilities.
MUNICIPALITY
The Borough of Morton.
MUNICIPAL SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste, and other material including solid or semi-solid material generated in residential, municipal, commercial, or institutional establishments and from community activities, and other solid waste which is within the definition of "municipal solid waste" as set forth in the Act and which the County, Authority or contractor by its ordinance or regulations is willing to accept at the plant, but excluding:
(1) 
Any liquid waste or sludge.
(2) 
All wastes which are defined by existing or future federal or state law or regulations as hazardous waste or industrial residual waste.
(3) 
Any waste which may be marketable and which is intentionally segregated for purposes of recycling.
(4) 
Materials specifically excluded under applicable County ordinances.
PERSON
Any individual, partnership, association, corporation, or governmental entity, with the exception of the County, Authority, or designated contractor.
PLANT
The energy and/or material recovery facility or facilities, station or solid waste plants owned by the County or Authority or the contractor, including all associated property and equipment.
SOLID WASTE FACILITY
Any site owned and operated by the County, the Authority, or its designated contractor for the purpose of transfer, processing, or disposal of municipal solid waste, including landfills, resource recovery plants, and transfer stations.
Certain terms used herein are also defined in the recitals hereto.
[Ord. 545, 11/18/1987, § 2]
It is hereby declared to be unlawful and a public nuisance for any person to accumulate upon any property in this Borough, any municipal solid waste or to dispose of it except in accordance with this Part, and other applicable laws, ordinances or regulations.
[Ord. 545, 11/18/1987, § 3]
The Borough has been advised by the County that the Solid Waste Plan proposes to provide for a plant or plants which will be operated efficiently and economically by the contractor and/or by the County and in accordance with all applicable laws and regulations, and also that the contractor and/or the County will impose reasonable charges, which will be uniform among all classes of users of the plant or plants.
[Ord. 545, 11/18/1987, § 4]
Except as it pertains to municipal solid waste collected directly by this Borough, all collectors of municipal solid waste generated within the Borough shall be licensed by the Borough and shall be responsible for collecting municipal solid waste from properties in the Borough pursuant to a contract between them and the Borough and/or contracts between them and the owners or occupants of properties.
[Ord. 545, 11/18/1987, § 5]
All collectors shall deliver and dispose of all municipal solid waste collected within the Borough at the solid waste facility designated by the County subject to such reasonable regulations for the operation thereof as may be established by the County and/or contractor. Delivery and disposal at any other place shall be a violation of this Part and cause for revocation of the collector's license, except in special circumstances approved in advance by the Borough and the County and/or contractor. All collectors shall comply in their operation with all applicable laws, ordinances, and regulations pertaining to the collection and transportation of municipal solid waste.
[Ord. 545, 11/18/1987, § 6; as amended by Ord. 731, 2/11/2015]
No person shall use or permit to be used any property owned or occupied by him within the Borough as a public or private dump, transfer station, or landfill for municipal solid waste, whether generated within the Borough or elsewhere, without the express written approval of the Borough and unless permitted as a principal use on private property pursuant to the Borough of Morton Zoning Ordinance [Chapter 27].
[Ord. 545, 11/18/1987, § 7; as amended by Ord. 731, 2/11/2015]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 545, 11/18/1987, § 8]
In addition to the remedies provided in § 20-107 herein, any continued violation of this Part or other applicable law which shall constitute a nuisance in fact, or which in the opinion of the Borough Council shall constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
[Ord. 545, 11/18/1987, § 9]
The collection of municipal solid waste in the Borough and the disposal thereof shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the Borough Council including, but without limitation, regulations as to the form of license application, the amount of fee to be charged for said licenses, and the terms of the licenses and license issuance procedures; provided, however, that no such rules and regulations shall be contrary to the provisions of this Part, the County Solid Waste Plan, or applicable law.
[Ord. 545, 11/18/1987, § 10]
The Borough reserves the right to amend this Part or repeal it at any time; provided, however, waste facility for disposal of municipal solid waste from the Borough shall not be amended or repealed without the prior express written approval of the County during the term of the contract between the County (or Authority) and contractor providing for the construction and operation of the plant, which contract shall have a term of 25 years. For the purposes of securing the contractor's financing, such requirement shall be deemed to be a contract between the County, the contractor, and the Borough, which the Borough (subject to the terms of the joint cooperation agreement set forth below) agrees to enforce so that the municipal solid waste from the Borough will be available to provide a source of energy for the plant. If the Borough is not now a collector but in the future it becomes a collector it agrees to deliver all municipal solid waste so collected to the plant.
[Ord. 545, 11/18/1987, § 11; as amended by Ord. 731, 2/11/2015]
1. 
Borough agrees to deliver or cause to be delivered during the term of this agreement all municipal solid waste, as defined herein, generated within the Borough for disposal at a facility designated by the County.
2. 
County agrees to accept for disposal all such municipal solid waste described in Subsection 1, above, upon completion and commencement of operation of the plant in accordance with a contract, containing terms satisfactory to the County, with the contractor providing for construction and operation of the plant.
3. 
The term of this agreement shall be for a period of 25 years, and said term shall commence on the date when the County advises the Borough that the plant is operational. The Borough at its option may terminate this agreement with 30 days' written notice to the County in the event that the Borough will incur substantial costs over and above the costs generally accepted by the other municipalities in delivering municipal solid waste to the County during the term of this agreement, provided the Borough has first obtained final approval from the Department of Environmental Protection for their own plan under the Act, or an approval from the Department for a modification that brings the municipality under another plan that has already obtained final approval. It is understood, however, that (upon any such termination of this agreement by the Borough) the County, the Authority, and/or the County's contractor shall be relieved of any responsibility to accept and dispose of municipal solid waste generated within the Borough. It is further understood that any such termination of this agreement by the Borough shall constitute a repeal, whether express or implied, of § 20-112 of this Part.
4. 
The County shall hold harmless and defend the Borough from any suit, claim or action challenging the legality of this Part against the Borough. In the event that any such suit, claim or action is brought against the Borough, the municipality shall authorize the County, through its designated legal counsel, to defend against the same, and the Borough call cooperate with the County in said defense and shall give the County Solicitor notice of any such suit, claim or action within five days of the Borough's receiving notice thereof.
[Ord. 545, 11/18/1987, § 12; as amended by Ord. 731, 2/11/2015]
1. 
DEP has recommended that the requirements of the Solid Waste Management Act, 35 P.S. § 6018.101 et seq., can best be accomplished on a County-wide basis.
2. 
The Borough, by formal resolution dated November 18, 1987, authorized the County to prepare the solid waste management plan on the Borough's behalf.
3. 
The County, through the staff of its Public Works Department, its Planning Commission, and Charles M. Harris and Associates, Inc., Consulting Engineers, prepared a ten-year plan for solid waste management.
4. 
The appropriate municipal officials of this Borough have reviewed the findings and recommendations of the plant as it affects this Borough, have found the plan acceptable, and have recommended that the plan be adopted.
5. 
The Borough, accordingly, hereby accepts and adopts the Solid Waste Management Study prepared by the County as the ten-year plan for solid waste management required by the Act.
6. 
The County is hereby authorized to submit the plan to DEP for the final approval on behalf of the Borough.
[Ord. 440, 12/9/1970, § 1; as amended by Ord. 461, 12/12/1974, § 1]
1. 
The following words, when used in this Part, shall have the meanings ascribed to them in this section, except in this instances where the context clearly indicates otherwise:
ASHES
The residue from the burning of wood, coal, coke and other combustible materials for the purpose of heating and cooking. It shall not include the cinders produced in steam generating plants.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods. It shall not include more than a minimum amount of free liquids. It shall not include food-processing wastes from canneries, packing plants, or similar industries, nor large quantities of condemned food products.
PERSON
A natural person, firm, copartnership, association, or corporation.
REFUSE
Garbage, ashes and rubbish as herein defined.
RUBBISH
All waste materials not included in garbage and ashes except building rubbish from building construction or reconstruction, street refuse, industrial refuse, dead animals, abandoned large machinery or vehicles or such other waste materials as are not commonly produced in homes, stores, and institutions.
[Ord. 440, 12/9/19710, § 2; as amended by Ord. 450, 7/12/1972, § 2; and by Ord. 461, 12/12/1974, § 2; as amended by Ord. 731, 2/11/2015]
1. 
All refuse accumulated in the Borough of Morton shall be collected, conveyed and disposed of by the Borough, and the cost of such service shall be paid for as provided in the schedule of fees set forth in § 20-205 hereof by the person producing the refuse, or responsible for the existence or disposal thereof, or for whom such refuse is removed, or the owner of the premises upon which the refuse is accumulated. It shall be unlawful for any person to collect, convey over any of the streets or alleys of the Borough or dispose of, any refuse accumulated in the Borough; provided, however, that this Part shall not prohibit the actual producers of refuse, or the owners of premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such refuse, if such producers or owners comply with all regulations for collection, conveyance and disposal prescribed in this Part, or made by Council, and provided further that collectors of refuse from outside of the Borough shall have the right to haul such refuse over Borough streets, if such collectors comply with the provisions of this section as to their equipment and vehicles, the operation of such equipment and vehicles and also as to the disposal of such refuse.
2. 
The collection and disposal of refuse in the Borough of Morton shall be under the supervision of the Chairman of the Public Health, Sanitation and Recycling Committee. He shall have authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection and disposal as he may deem advisable, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions thereof. An aggrieved person shall have the right of appeal against any regulation made by the Chairman of the Public Health, Sanitation and Recycling Committee to the Borough Council which may confirm, modify or revoke any such regulation.
3. 
The producers of refuse or the owners of premises upon which refuse is accumulated who desire personally to collect and dispose of such refuse, and persons who desire to dispose of waste material not included in the definition of refuse, and collectors of refuse from outside of the Borough who desire to haul over the streets of the Borough, shall use a water-tight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled. Such disposal shall be made outside the Borough limits. The Chairman of the Public Health, Sanitation and Recycling Committee of the Borough Council of the Borough of Morton shall have authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling over Borough streets by collectors of refuse from outside of the Borough as he may deem necessary, subject to the right of appeal as set forth in Subsection 2 hereof.
[Ord. 440, 12/9/1970, § 3; as amended by Ord. 461, 12/12/1974, § 3; and by Ord. 537, 5/14/1986, § 1; as amended by Ord. 731, 2/11/2015]
1. 
Preparation of Refuse.
A. 
All garbage before being place in garbage cans for collection shall have drained from it all free liquids and may be wrapped in paper.
B. 
All rubbish shall be drained of liquid before being deposited for collection.
C. 
All cans and bottles which have contained food shall be thoroughly rinsed and drained before being deposited for collection.
D. 
Tree trimmings, hedge clippings and similar material shall be cut to length not to exceed four feet and securely tied in bundles not more than two feet thick before being deposited for collection.
2. 
Refuse Containers.
A. 
Receptacles shall be shall be made of durable metal or plastic, must be water-tight, must be provided with a tight fitting cover, and shall be such that they can be easily handled by one worker.
B. 
All receptacles shall be provided by the owner, tenant, lessee, or occupant of the premises.
C. 
All receptacles shall be maintained in good condition. Any receptacles that does not conform to the provisions of this Part or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replace upon notice. Failure to comply may result in refusal to collect or the removal of the defective receptacle as refuse.
3. 
Storing of Refuse.
A. 
No person shall place any refuse in any street, alley or other public place, or upon any private property whether owned by such person or not, within the Borough except it be in proper receptacles for collection or under an express approval granted by the Borough Council. No person shall throw or deposit any refuse in any stream or other body of water.
B. 
Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within 30 days after the effective date of this Part shall be deemed a violation of this Part.
C. 
It shall be unlawful for any person, other than the occupants of the premises on which refuse receptacles are stored, or the collector, to remove the covers of any of the contents of refuse receptacles.
4. 
Points of Collection.
A. 
Refuse receptacles shall be placed for collection at ground level on the property, not within the right-of-way of street or alley, and accessible to and not more than 10 feet from the side of the street or alley from which collection is made, provided that receptacles may be placed for collection at other than ground level and at a distance of more than 10 feet when approved by the Chairman of the Highway Committee of the Borough of Morton and an additional payment for the extra service agreed upon by the parties.
B. 
Refuse receptacles shall not be placed at the collection point prior to sundown of the day prior to the day of collection.
[Ord. 440, 12/9/1970, § 4; as amended by Ord. 461, 12/12/1974, § 4; and by Ord. 731, 2/11/2015]
1. 
Frequency of Collection.
A. 
Refuse shall be collected at least once each week from residential properties with three or less units.
B. 
Commercial uses and residential uses with more then three units are required to have private contract for trash hauling.
2. 
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 Chairman of the Public Health, Sanitation and Recycling Committee of the Borough of Morton may refuse to collect unreasonable amounts or may make an additional charge for such amounts.
B. 
It is the intent of this Part that large restaurants, hotels, apartments, and other businesses and institutions shall have their accumulations of refuse for the collection period at a fair charge based upon the average weight or volume. The Chairman of the Public Health, Sanitation and Recycling Committee of the Borough of Morton may refuse to collect unreasonable amounts or may make an additional charge for such amounts.
3. 
Special Refuse Problem.
A. 
Contagious Disease Refuse. 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 shall not be placed in containers for regular collections.
B. 
Inflammable or Explosive Refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Chairman of the Public Health, Sanitation and Recycling Committee of the Borough of Morton at the expense of the owner or possessor thereof.
[Ord. 440, 12/9/1970, § 5; as amended by Ord. 461, 12/12/1974, § 5; by Ord. 472, 12/11/1974, § 1; by Ord. 491, 11/29/1978, § 1; by Ord. 497, 12/27/1979, § 1; by Ord. 503, 11/11/1980, § 1; by Ord. 517, 1/12/1983, § 1; by Ord. 521, 12/14/1983, § 1; by Ord. 527, 1/9/1985, § 1; by Ord. 568, 12/19/1991, § 1; by Ord. 576, 1/13/1993, § 1; by Ord. 582, 12/20/1993, § 1; by Ord. 600, 12/30/1997, § 1; by Ord. 618, 12/27/2000; by Ord. 674, 12/10/2008, § 1; by Ord. 682, 12/30/2009, § 1; by Ord. 695, 12/15/2010, § 1; by Ord. 703, 12/28/2011; by Ord. 718, 12/27/2012; by Ord. 725, 12/27/2013, § 1; and by Ord. 731, 2/11/2015]
1. 
The fees for the collection and disposal of rubbish placed for collection at ground level and not more than 10 feet distant from the side of the street or alley from which collection is made shall be in amounts as established from time to time by resolution of the Borough Council.
2. 
The above rates shall be designated on the annual bill sent out on or about January 15 by the Borough's designated agent. It is due on or before March 15th of each year.
3. 
A discount of 10% will be allowed for rubbish fees paid prior to February 15th of each year.
4. 
A penalty of 10% will be added to all rubbish collection charges paid after March 15th of the current year. Interest at the rate of 9% per annum will be imposed on all rubbish fees paid after December 31st of the current year.
5. 
A fee of $75 shall be added as an attorney fee for the filing of any municipal lien which sum shall be added to the amount of the delinquency, including interest, penalty and costs.
6. 
A fee of $75 shall be added as an attorney fee for the satisfaction of any municipal lien which sum shall be added to the amount of the delinquency, including interest, penalty and costs.
7. 
Attorney fees are hereby assessed at the rate of $150 per hour for the collection of delinquent municipal claims which necessitate legal proceedings by the Borough Solicitor.
8. 
Failure to receive a bill will not exempt the owner from the rubbish fee due.
9. 
All accounts shall be considered delinquent if not paid by December 31st of the year for which the service is rendered. All delinquent accounts are subject to stoppage of service without notice. The stoppage of service hereinbefore authorized for nonpayment of trash collection charges shall be in addition to the right of the Borough to proceed for the collection of such unpaid charges by an action in assumpsit or, at the election of the Borough, in any other manner provided by the law for the collection of a municipal claim.
[Ord. 440, 12/9/1970, § 6; as amended by Ord. 461, 12/12/1974, § 6; and by Ord. 731, 2/11/2015]
Any person, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this Part or of any regulation made by Council or the Chairman of the Highway Committee of the Borough of Morton under the provisions hereof shall, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. 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 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 such day's offense after the first conviction.