[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 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.
[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.