[Ord. 181, 12/19/1991, § 101]
The Washington County Board of Commissioners has adopted an
approved Municipal Waste Management Plan for Washington County in
accordance with the requirements of § 501 of the Pennsylvania
Municipal Waste Planning, Recycling and Waste Reduction Act of 1988
(Act 101). Said plan has been duly ratified by the municipalities
of Washington County, including the Township of North Strabane. Pursuant
to the authority vested in the Township by the Pennsylvania Solid
Waste Management Act of 1980 and the Pennsylvania Municipal Waste
Planning, Recycling and Waste Reduction Act of 1988, and to implement
its police power, the Township hereby enacts this Part to regulate
the storage, collection and disposal of rubbish, refuse and garbage
within the Township in order to implement such plan.
[Ord. 181, 12/19/1991, § 102]
This Part shall be known and referred to as the "Solid Waste
Ordinance," and the same may be cited in that manner.
[Ord. 181, 12/19/1991, § 103]
The following words and phrases, as used in this Part, shall
have the meanings ascribed herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980, P.L.
380, No. 97, July 7, 1980.
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988.
The Township of North Strabane Board of Supervisors.
Large items of solid waste, including, but not limited to,
appliances, furniture, large auto parts, trees, branches or stumps
which may require special handling due to size, shape or weight.
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
A portable device in which waste is held temporarily for
storage or transportation.
The County of Washington or the Washington County Board of
County Commissioners.
The Pennsylvania Department of Environmental Resources (DER).
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste enters the environment, is emitted into the air or
is discharged to the waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases or vectors.
The person who is the legal or equitable owner or is generally
in possession and control of any dwelling.
The residence, habitat, home, apartment or other similar
place of residence or part thereof where an occupant, person, couple
or group of persons uses or occupies the same and where food or vegetables
are separately prepared for the use or consumption by such occupant(s)
or person(s).
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including, but not
limited to, hospitals, nursing homes, orphanages, schools and universities.
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” under Act 97 from a municipal, commercial or institutional
waste supply treatment plant, wastewater treatment plant, or air-pollution
control facility. The term does not include source-separated recyclable
materials.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency, or any other legal entity which
is recognized by law as the subject of rights and duties. In any provisions
of this Part prescribing a fine, imprisonment or penalty, or any combination
of the foregoing, the term "person" shall include the officers and
directors of any corporation or any other legal entity having officers
and directors.
All nonputrescible municipal waste except garbage and other
decomposable matter. This category includes, but is not limited to,
ashes, bedding, crockery and wood.
The controlled removal or recycling of material from a solid
waste processing or disposal facility.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one month
shall constitute disposal. This presumption can be overcome by clear
and convincing evidence to the contrary.
The Township of North Strabane.
The off-site removal of any solid waste at any time after
generation.
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In this Part, the singular shall include the plural, and the
masculine shall include the feminine and the neuter.
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[Ord. 181, 12/19/1991, § 104]
1.
For reasons of health, safety and sanitation, it shall be unlawful
for any person to accumulate or permit to accumulate on any public
or private property within the Township any garbage, rubbish, bulky
waste, solid waste or any other municipal or residual waste except
in accordance with all applicable DER rules and regulations adopted
pursuant to Act 97 and Act 101.
2.
It shall be unlawful for any person to burn any solid waste within
the Township except in accordance with all applicable Township ordinances
and DER rules and regulations adopted pursuant to Act 97 and Act 101.
3.
It shall be unlawful for any person to process and/or dispose any
solid waste in the Township except in accordance with all applicable
Township ordinances and DER rules and regulations adopted pursuant
to Act 97 and Act 101.
4.
It shall be unlawful for any person to collect, haul, transport or
remove any solid waste from public or private property within the
Township without a current, valid license to do so issued by the Township.
5.
It shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the Township without prior written approval from the Township Manager.
6.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the Township except at an approved and permitted resource-recovery
facility pursuant to any applicable DER rules and regulations adopted
pursuant to Act 97 and Act 101.
[Ord. 181, 12/19/1991, § 105]
1.
The storage of all solid waste shall be practiced so as to prevent
the attraction, harborage or breeding of insects or rodents and to
eliminate conditions harmful to public health or which create safety
hazards, odors, unsightliness or public nuisances.
2.
Any person producing municipal waste shall provide a sufficient number
of approved containers to store all waste materials generated during
periods between regularly scheduled collections and shall place and
store all waste materials therein. Solid containers shall be of a
capacity not less than seven nor more than 32 gallons and shall be
watertight with a close-fitting lid and have handles thereon. Every
such container shall be maintained in good condition and shall be
replaced by such person or responsible occupant of the premises when
the same becomes unsanitary or offensive. No such container or trash
bag shall be filled so full that the covers will not fit down tightly
or be so full that the waste material overflows therefrom. Such waste
material that is scattered shall not be gathered up by the hauler
but shall be the responsibility of the offending person(s) or responsible
occupant of the subject dwelling unit. Rubbish in grocery bags, loose
piles, wet boxes or containers in excess of 32 gallons or larger drums
shall not be picked up.
3.
Any person storing municipal waste for collection shall comply with
the minimum standards for the storage of municipal waste set forth
in Title 25, Chapter 285, Subchapter A, of DER regulations for the
storage of municipal waste.
4.
The placement
of solid waste for collection earlier than 24 hours prior to the normally
scheduled pickup time is hereby prohibited.
[Added by Ord. 336, 5/25/2010]
[Ord. 181, 12/19/1991, § 106]
1.
All households, homeowners, and commercial, industrial and institutional
establishments within the Township shall utilize the services of a
licensed collector for disposal of their domestic waste or household
waste and shall pay the charges billed by the licensed collector for
such services.
2.
All licensed collectors and waste haulers shall comply with all applicable
Township ordinances and with the minimum standards for collection
and transportation of municipal waste set forth in Title 25, Chapter
285, Subchapter B, of DER regulations for collection and transportation
of municipal waste.
3.
All municipal waste collected within the Township shall only be conveyed
or transported to a transfer station, processing facility, and/or
disposal site permitted by the Department of Environmental Resources
and/or other regulatory agencies pursuant to the approved Municipal
Waste Management Plan for Washington County.
[Ord. 181, 12/19/1991, § 107]
[Ord. 181, 12/19/1991, § 108]
The Township shall have all the remedies normally incidental
to a violation of any Township ordinance, including the right to seek
equitable relief and the right to petition the Court of Common Pleas,
Washington County, for an injunction, either mandatory or prohibitive,
to enforce any of the provisions of this Part.
[Ord. 181, 12/19/1991, § 109; as amended by Ord.
240, 10/28/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine in accordance with the following schedule:
A.
First offense: $50;
B.
Second offense: $100;
C.
Third offense: $250;
D.
Fourth offense: $500;
E.
Fifth offense: $750;
F.
Sixth offense and each and every offense thereafter: $1,000;
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plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Whenever any person
violating any of the provisions of this Part is notified of such violation
in writing by the Township Manager, 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.
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