[Ord. 171, 12/17/1988]
This Part 1 may be referred to as the "Solid Waste Collection Ordinance of the Borough of Mountville."
[Ord. 177, 12/17/1989]
As used in this Part 1, the following words shall have the meanings ascribed to them in this Section, except where the context clearly indicates otherwise:
BULKY WASTE
Any objects such as appliances, tires, mattresses, furniture, discarded building materials, etc.
COMMERCIAL ESTABLISHMENT
Any office, business, industry, motel/hotel, or apartment/condominium building containing four or more residential dwelling units.
CONTAINER DUMPSTER SERVICE
A commercial service that provides at least weekly dumping of a container provided by the commercial trash hauler which can only be lifted and dumped by the hydraulic lifting mechanism on the trash disposal truck.
GARBAGE
The animal, fruit, and vegetable waste resulting from handling, dealing, storing, preparation, cooking, and consumption of foods. It shall not include large quantities of condemned food products.
IN-HOME BUSINESS
Any premise where the owner of the property lives as his[1] primary residence and also conducts a business from his home; such as a beauty shop, office etc.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity whatsoever which is recognized by law as being subject to such rights and duties.
REFUSE
Collective term applying to all garbage, rubbish, ashes, leaves, and grass trimmings from residential, municipal, commercial or institutional premises.
RESIDENTIAL UNIT
Any premise within the Borough of Mountville occupied by a person, family, group of persons. A residential unit shall be deemed occupied when domestic water is being supplied. Each occupied apartment unit shall be considered a residential unit. The term "residential unit" shall include any private dwelling, store, apartment, manufacturing plant, garage or any other building or establishment that does not qualify as an exempted commercial establishment under § 107(c).
RUBBISH
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.
SOLID WASTE
Any waste, including but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semi-solid, or contained gaseous materials.
[1]
In Ord. 177, "their."
[Ord. 177, 12/17/1988]
1. 
All refuse accumulated in the Borough shall be collected, conveyed and disposed of by the Borough; provided, however, that the Borough may require, subject to the provisions set forth hereinafter, the following persons to personally collect, convey and dispose of that refuse in accordance with all regulations for collection, conveyance and disposal prescribed in this Part 1 or made by Borough Council, or to pay such additional fees as may be required for the removal of that refuse:
A. 
Any person whose accumulated refuse at each time of collection is excess of 150 pounds, if such collection constitutes an unreasonable burden upon the Borough's garbage collector;
B. 
Any commercial or industrial establishment whose refuse contains confidential material; and
C. 
Any person whose refuse, by its size or nature, is hazardous, difficult or dangerous to be collected by the Borough's garbage collector.
2. 
The cost of the service for collection of refuse under this Part 1 shall be fixed from time to time by resolution of Borough Council and shall be borne and paid by the owner of the premises from which refuse is collected or upon which refuse is accumulated and disposed of, and the person producing the refuse, or responsible for the existence or disposal of it, or for whom the refuse is removed, if that person is not the owner, shall be jointly and severally liable with the owner for the payment of that cost.
3. 
Council is authorized to contract for the performance of the services provided by this Part 1 and to award a contract for the service from time to time for such period of time as shall be determined by Council, which contract shall require the contractor to assume all responsibility for the collection of refuse in the Borough in accordance with the provisions of this Part 1 and regulations, orders and specifications provided under the authority of this Part 1, and to convey, dump and dispose of all such refuse at a facility designed by the Borough and to fix and regulate, in a manner not inconsistent with the terms of this Part 1, and the manner, method and time of collecting and conveying refuse, the type of equipment required for performance of the contract and the time or times for the payment for the service.
4. 
At the discretion of Borough Council the collection and disposal of refuse in the Borough may be under the supervision of any person designated by Council. In such event such person shall have authority, subject to the approval of Council, to make regulations concerning the days of collection, type of collection and disposal as he may deem advisable, and to change and modify those regulations after notice as required by law, provided that the regulations are not contrary to the provisions of this Part 1. Such person so designated is authorized, with approval of Council, to arrange date schedules for the collection of refuse in the various categories and sections of the Borough and shall give public notice of the schedules.
5. 
All persons within the Borough other than those excluded under subsection (1) of this Section, shall dispose of refuse by the municipal collection service only and no person shall transport or dispose of refuse by any means not approved by this Part 1 or by the secretary.
6. 
The person designated under paragraph (4) is authorized, with approval of Council, to make regulations concerning the hauling of refuse collected outside the Borough over the streets of the Borough. No refuse shall be hauled over the streets of the Borough except in a watertight vehicle provided with a tight cover so as to prevent offensive odors escaping from the vehicle and refuse from being blown, dropped or spilled from the vehicle. No refuse shall be dumped or disposed of within the Borough for the purpose of having it collected by the Borough other than by persons paying for the service as provided for in this Part 1.
7. 
Placement of container dumpsters may only be at establishments which qualify as a commercial establishment as defined in the definitions. Those establishments which do have container dumpster service and are exempted for the payment of the trash collection fee under § 107(3) of this Part 1 are prohibited from using the curb side trash collection service provided by the Borough.
8. 
Ownership of refuse set out for collection shall be vested in the Borough.
[Ord. 177, 12/17/1988]
1. 
All refuse shall be placed in refuse containers of substantial construction. These containers shall be procured by the person from whose premises collection is made. These containers shall be of plastic, metal or other suitable material approved by the secretary; shall be portable; shall have suitable handles by which they may be lifted; shall not leak; and have tight-fitting covers sufficient to keep out water and to prevent disturbances by animals and entrance of insects. These containers shall weigh no more than 50 pounds per container; however, unlimited grass clippings and leaves will be allowed that are in proper containers or bags.
2. 
It shall be the responsibility of the person occupying the premises to keep refuse containers in a sanitary condition.
3. 
The Borough may require all refuse to be separated into different types of refuse and to be separately placed for collection.
4. 
All garbage shall have drained from it all free liquids and shall be wrapped in paper before being placed in refuse containers.
5. 
All refuse shall be drained of liquid before being deposited for collection.
6. 
Refuse which is not placed in refuse containers shall be secured in some fashion so as to prevent them from blowing away from the collection point.
7. 
Tree trimmings, hedge trimmings and similar materials shall be cut to lengths not to exceed three feet and securely tied in bundles not more than two feet thick before being offered for regular collection.
8. 
The removal of wearing apparel, bedding or other refuse from premises where highly infectious or contagious diseases have prevailed shall be performed under the supervision and the direction of the secretary. Occupants of premises containing that type of refuse shall contact the Borough to arrange for its removal.
9. 
Highly flammable or explosive refuse shall not be offered for regular collection. Occupants of premises containing that type of refuse shall contact the secretary to arrange for the removal at expense of the occupant.
10. 
Bulky waste shall not be offered for regular collection. Occupants of premises containing that type of refuse shall arrange for removal at their own expense. Christmas trees in the month of January shall not be considered as bulky waste.
[Ord. 177, 12/17/1988]
1. 
Refuse containers and refuse placed for collection shall be placed at ground level at a point just inside the curb or street line, or at another place easily accessible or convenient for collection. The Borough may give notification where the refuse containers are to be placed for collection.
2. 
Refuse should ordinarily be set out for collection the evening before the scheduled day. Refuse may not be set out more than 12 hours before the scheduled pick-up.
3. 
Any refuse container which does not conform to the provisions of this Part 1, or which has ragged or sharp edges or any other defect liable to hamper or injure the collector, shall be promptly replaced. Failure to comply within 10 days after notice will result in the removal of the defective container as refuse.
4. 
Emptied containers shall be removed from their collection point by the owner or occupant the same day as collection was made.
[Ord. 177, 12/17/1988]
1. 
It shall be unlawful for any person to collect, convey over any street in the Borough or dispose of any refuse accumulated in the Borough in any manner not authorized by this Part 1.
2. 
It shall be unlawful for any person to place any refuse in any street or other public place or upon private property, whether owned by that person or not, within the Borough, except in proper receptacles for collection. No person shall throw or deposit any refuse into any stream or other body of water.
3. 
It shall be unlawful for any person to allow accumulation of refuse on any premises in the Borough other than for the purpose of collection in a manner provided by this Part 1. Any unauthorized accumulation of refuse on any premises is declared to be a nuisance and is prohibited. Failure to remove any unauthorized accumulation of refuse within 15 days of notice to either the occupant or owner shall be deemed a violation of this Part 1.
4. 
It shall be unlawful for any person other than the occupant of the premises on which refuse receptacles are stored, or the collector contracted for collection of refuse under § 103, Subsection 1C, to remove the covers of any refuse receptacle or to remove the refuse stored in any of those containers.
[As amended by Ord. No. 303, 7/11/2022]
[Ord. 177, 12/17/1988; as amended by Ord. No. 303, 7/11/2022]
1. 
A fee schedule of the collection and disposal of refuse for each residential unit shall be adopted annually by resolution by Borough Council.
2. 
All bills for collection and disposal of refuse shall be rendered quarterly and shall thereupon be immediately due and payable. All bills shall be payable at the Borough office, or such other location as shall be stated on the bill. All accounts shall be considered delinquent if not paid within 15 days after the date of the bill. Accounts which are not paid within 15 days after the date of the bill shall be subject to a penalty of 20% of the amount of the unpaid bill. If a delinquent account is not paid within 60 days from the date of the bill, the secretary shall refer the account to the Borough's designated collection agency with instructions to proceed for the collection of those unpaid charges, together with all penalties on the account, by any manner provided by law for the collection of a municipal claim.
3. 
If a bill issued in one quarter remains delinquent beyond the end of that calendar quarter, the Borough may stop the collection and disposal of refuse from that residential unit, in addition to all other measures taken to collect the bill, including, and not limited to, placing a municipal lien against the property of that residential unit. If the Borough stops collection and disposal under these circumstances, the Borough will first send written notice of the stoppage via US Postal Service first-class mail to the property owner, postmarked no less than one week prior to the stoppage.
4. 
Any commercial establishment which has container dumpster service may apply at the Borough office for exemption from paying a fee for trash disposal. To receive the exemption, the applicant must provide to the Borough satisfactory proof on an annual basis of the existence of satisfactory disposal service.
5. 
Any such property where there is an in-home business, the resident and business shall constitute one residential unit in total. Any additional occupancies within the same building shall each be considered as separate residential units for billing purposes under this Part 1.
[Ord. 177, 12/17/1988]
Any person, whether as principle, agent or employee, violating or assisting in the violation of any provision of this Part 1 or of any regulation adopted under this Part 1 shall, upon conviction, be sentenced to pay a fine of not less $50 or more than $300, and, in default, of payment of fine and costs, to undergo imprisonment for not more than 10 days. After notice, each day's neglect to comply with any provision of this Part I 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 such day's offense after the first conviction.
[Ord. 177, 12/17/1988]
This Part 1 shall be subject to all applicable Federal, state and local laws, ordinances, rules and regulations including the rules and regulations as set forth by the Department of Environmental Resources, Commonwealth of Pennsylvania.