[Ord. 1986-3, 5/14/1986, Art. I]
This Part shall be known as the "Borough of Burnham Municipal Solid Waste Ordinance."
[Ord. 1986-3, 5/14/1986, Art. II]
The following words and phrases when used in this Part shall have, unless the context clearly indicates otherwise, the meanings given to them in this Section:
- A person desirous of being authorized as a collector.
- A person authorized to collect, transport, and dispose of municipal waste from the Borough of Burnham, Mifflin County, Pennsylvania.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in a non-manufacturing or non-processing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, and theaters.
- The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner that the waste or a constituent of the waste enters the environment, is emitted into the air, or is discharged to the waters of the Commonwealth of Pennsylvania.
- DISPOSAL SITE
- Any site, facility, location, area, or premises to be used for the disposal of municipal waste.
- All animal and vegetable wastes attending or resulting from the handling, dealing, storing, preparation, cooking, and consumption of foods.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants, refineries, and the like.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
- The entire process, or any part thereof, of storage, collection, transportation, processing, treatment, and disposal of municipal waste by any person engaging in such process.
- The Borough of Burnham, Mifflin County, Pennsylvania.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semi-solid 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 from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant, or air pollution control facility. (Pennsylvania Solid Waste Management Act 97, § 103, 35. P.S. § 6018.103).
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, Federal government or agency, State Institution and agency, or any legal entity whatsoever which is recognized by law as being subject to the rights and duties of a person.
- An 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, incinerators, recycling facilities, and resource recovery facilities.
- The collective term applying to all garbage, rubbish, ashes, leaves, and grass trimmings from residential, municipal, commercial, or institutional premises.
- At least three or more times per month.
- SOLID WASTE
- Any waste including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semi-solid or contained gaseous materials. (Pennsylvania Solid Waste Management Act 97, § 103, 35 P.S. § 6018.103).
- The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste, and it shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal.
- The off-site removal of any municipal waste generated or present at any time from the Borough of Burnham, said Borough being located in Mifflin County, Pennsylvania.
[Ord. 1986-3, 5/14/1986, Art. III]
General. It shall be the duty of every owner of property and every person occupying any dwelling unit, premises or place of business within the Borough where municipal waste is produced and is accumulated, by his own expense and cost to provide and keep at all times, a sufficient number of containers to hold all municipal waste which may accumulate during the intervals between collection of such municipal waste by an authorized collector.
Storage on Residential Properties.
Containers. All municipal waste accumulated by owners of each residential property and/or the occupants of residential properties shall be placed in containers for collection by an authorized collector. The containers shall be durable, water tight, and made of metal or plastic. Securely tied plastic bags may be used in cases where such bags can be used without being torn open by domestic or wild animals. The size of each such container shall not exceed a thirty-two gallon capacity. However, large containers designed for use with special hoisting equipment may be used if the collector serving the residence uses collection vehicles with special hoisting equipment.
Location of Containers. Each municipal waste container shall be located or shall be placed on the day of collection so as to be accessible to the collector at ground level and at a point on the curb line of the street, or within no less than 10 feet of the public street or alley from which collection from a vehicle can be made pursuant to a previously announced route of collection, notification of which has been given by the collector. Failure to place containers at such locations may result in discontinuance of service.
Storage on Commercial, Institutional and Industrial Properties.
Containers. Storage of municipal waste on commercial, institutional and industrial properties shall be done in the same type of containers as are required for residential properties except that containers larger than 32 gallons may be used, where needed, to accommodate larger volumes of municipal waste. Such containers shall be kept in good working order.
Location of Containers. Containers for collection at commercial, institutional and industrial properties shall be located on such premises at a place which shall not interfere with public or private sidewalks, driveways, roads, streets, highways or entrances and exits of public or private buildings.
[Ord. 1986-3, 5/14/1986, Art. IV; as amended by Ord. 1995-2, 3/14/1995]
Unauthorized Collection and Transportation. It shall be unlawful for any person, other than such persons as are duly authorized by the Borough of Burnham, 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.
Licensing Procedure. Authorization to collect, transport, and dispose of municipal waste for persons other than oneself may be given only by the Borough of Burnham through the issuance of a license. All applications for licensing shall be approved in accordance with the following:
Eligible Persons. Municipal solid waste collection 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. The Borough reserves the right to disapprove any application for license.
Application Procedure. Applicants for a municipal solid waste collection license must furnish the following information:
The make, model, license plate number, and size of each vehicle to be used for collection and transportation.
The location, address, and telephone number of the business office of the applicant.
A certificate of the applicant's workmen's compensation insurance as required by law.
A certificate of insurance coverage providing complete third-party comprehensive, bodily injury and property damage liability insurance, the limits of which shall not be less than $100,000/$300,000 for bodily injury $50,000 for property damage.
Any other information which the Borough may request and deem necessary prior to the issuance of a license and which shall be adopted by resolution of Borough Council.
Issuance. Licenses shall be issued on a calendar year basis, by the Borough Secretary or other person authorized by Borough Council, but may be revoked at any time by the Borough for failure to comply with the provisions of this Part.
Fees. Fees for licenses shall be set by resolution of the Borough Council of the Borough of Burnham and the amount thereof shall be provided to any applicant or other person upon request. The said license fee shall not be divisible or prorated for a fraction of a year or refundable for any reason. Nonetheless, collectors previously licensed who have paid a fee per Burnham Borough Ord. 1964-7 shall, upon approval of application hereunder, be credited with the amount paid for any current calendar year license issued per Ord. 1964-7, towards the license fee for an initial license per this Part.
License and Capacity. Each vehicle must prominently display the name and number of the license and the cubic yard capacity of the vehicle's body.
Rates. Collectors shall only levy such charges and rates for collection as approved by the Borough Council subject to the following:
Collector shall notify "the Borough" in writing by certified mail of any proposed rate changes and shall submit therewith its proposed amended schedule of rates.
Within 30 days of receipt of said certified mail notice, collector shall be available at a meeting arranged by "Borough" between "Borough" and collector to discuss said rate changes.
"Borough" shall in its sole discretion approve in whole or par or disapprove in whole or part said suggested rates changes within 30 days of said meeting.
Notice of said decision by "Borough" and of the reason therefor shall be given by "municipality" to collector in writing by certified mail within 30 days of the aforesaid meeting.
Municipal Collection System. The said license shall be granted subject to the right of the "Borough" at any time that it may so determine, to establish a municipality operated collection system, and said license shall terminate without refund upon the effective date of institution of such a municipality operated collection system.
[Ord. 1986-3, 5/14/1986, Art. V]
Prevention of Spillage. 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. 1986-3, 5/14/1986, Art. VI]
Designated Facilities. All municipal 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 disposal facilities designated in the Solid Waste Management Plan for Mifflin County, as adopted by Mifflin County and by the Mifflin County Solid Waste Authority. In the absence of such designated facilities, or until such facilities become operational in compliance with applicable State permits, and/or in the absence of such currently effective Solid Waste Management Plan, then all municipal waste from the Borough must be disposed of at a State-permitted facility.
State Policy Basis. The provisions aforesaid in this § 106(1), "Designated Facilities" have been adopted pursuant to the clearly articulated and affirmatively expressed policy of the Commonwealth of Pennsylvania, stated in the Solid Waste Management Act, Act 97 of 1980, § 202 (35 P.S. § 6018.202).
Notice to Collectors. If the Borough designates the disposal facilities as provided for above, all authorized collectors and other interested persons shall be informed of the location and other information pertaining to the designated disposal facilities to be used for the disposal of municipal waste collected, transported, removed, and disposed.
[Ord. 1986-3, 5/14/1986, Art. VII]
Individuals Not Engaged in Collection. Nothing contained herein shall be deemed to prohibit any residential property occupant not regularly engaged in the business of collecting municipal waste from hauling his own municipal waste on an irregular and unscheduled basis to a State-permitted disposal facility.
Farming Activities. Nothing container herein shall prohibit a farmer from carrying out the normal activities of his farming operation, including composting and spreading of manure or other farm-produced agricultural waste.
Hazardous and Residual Waste. The provisions of this Part do not apply to anything but the storage, collection, transportation, and disposal of municipal waste and do not apply, therefore, to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act.
[Ord. 1986-3, 5/14/1986, Art. VIII; as amended by Ord. 1995-2, 3/14/1995]
Penalty. 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 more than $1,000 plus costs and, in default of payment 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.
Additional Remedies. In addition to the foregoing penalty, the Borough Secretary or any other person authorized by the Borough, may require the owner or occupant of a property to remove any accumulation of solid waste and should said person fail to remove such solid waste after 10 days following written notice, it shall constitute a public nuisance and the Borough may cause the solid waste to be collected and disposed of with the cost and expense for such actions to be charged to the owner and/or occupant of the property and collected therefrom in a manner provided by law including, but not limited to, the entering of a municipal claim or lien against the land affected as provided by law.
Abatement. The imposition of the penalties herein prescribed shall not preclude the Borough form instituting appropriate actions or proceedings in equity or otherwise to prevent the violation of this Part, to restrain, correct or abate any such violation, or to prevent any act, conduct, business or activity constituting a violation.