[Adopted 10-8-1991 by Ord. No. 5-1991]
This article shall be known and referred to as the "Municipal Solid Waste Ordinance."
A. 
The following words and phrases, as used in this article, shall have the meanings ascribed herein, unless the context clearly indicates a different meaning:
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101).[2]
BULKY WASTE
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.
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
CONTAINER
A portable device in which waste is held temporarily for storage or transportation.
COUNTY
The County of Washington or the Washington County Board of County Commissioners.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection (DEP).
DISPOSAL
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.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
GARBAGE
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.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any municipal waste collector or hauler possessing a current, valid municipal license issued by the Township of South Strabane pursuant to Article III, Municipal Waste Hauler Licensing, of this chapter.
MULTIFAMILY HOUSING
Any property having three or more dwelling units per structure.
MUNICIPALITY
The Township of South Strabane.
MUNICIPAL WASTE
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 waste" 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.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this article 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.
RESIDENCE
Any occupied single-family or multifamily dwellings having up to two dwelling units per structure.
RUBBISH
All nonputrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
SALVAGING
The controlled removal or recycling of material from a solid waste processing or disposal facility.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
STORAGE
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 year shall constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and neuter.
A. 
It shall be unlawful for any person to accumulate or permit to accumulate on any public or private property within the municipality any garbage, rubbish, bulky waste, or any other municipal or residual waste except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
B. 
It shall be unlawful for any person to burn any solid waste within the municipality except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101 and Chapter 84, Burning, Open, of the Code of the Township of South Strabane.
C. 
It shall be unlawful for any person to process and/or dispose any solid waste in the municipality except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
D. 
It shall be unlawful for any person to collect, haul, transport or remove any solid waste from public or private property within the municipality without a current, valid license to do so issued by the Township.
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the municipality without prior written approval from the municipality.
F. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the municipality except at an approved and permitted resource recovery facility under any applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
A. 
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.
B. 
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.
C. 
Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter A, Regulations for the Storage of Municipal Waste.
D. 
All multifamily housing properties (which contain three or more dwelling units per structure) shall provide a suitable enclosed storage structure, such as a dumpster, to store said waste between collections.
[Added 9-24-2002 by Ord. No. 1-2002]
No solid waste, garbage, rubbish, bulky waste, or municipal or residual waste, nor any container for the collection thereof, is permitted to be placed at curbside or other designated collection site or area more than 24 hours prior to the designated collection day. All containers for the collection of such solid waste, garbage, rubbish, bulky waste, or municipal or residual waste must be removed from curbside or other designated collection area or site within 24 hours after the collection of such solid waste, garbage, rubbish, bulky waste, or municipal or residual waste.
A. 
All households, homeowners, and commercial, industrial and institutional establishments within the municipality shall utilize the services of a licensed collector for disposal of their domestic waste or household waste.
B. 
All licensed collectors and waste haulers shall comply with the minimum standards for collection and transportation of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter B, Regulations for Collection and Transportation of Municipal Waste.
C. 
All municipal waste collected within the municipality shall only be conveyed or transported to a transfer station, processing facility, and/or disposal site permitted by the Department of Environmental Protection and/or other regulatory agencies pursuant to the approved Municipal Waste Management Plan for Washington County.
No person shall collect, remove, haul, or transport any solid waste upon or through any streets or alleys of the municipality without first obtaining a license from the Township pursuant to the requirements of Article III, Municipal Waste Hauler Licensing, of this chapter.
The municipality may petition the Court of Common Pleas, Washington County, for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
Any person who violates any provision of this article shall, upon conviction, be punishable as provided in § 1-2, Summary proceedings, of the Code of the Township of South Strabane.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).