[HISTORY: Adopted by the Board of Supervisors of the Township of Worcester 10-15-2003 by Ord. No. 193. Amendments noted where applicable.]
Recyclable materials management — See Ch. 116.
Editor's Note: This ordinance also superseded former Ch. 128, Solid Waste Management, adopted 2-19-2003 by Ord. No. 186.
This chapter shall be known as the "Township Solid Waste Management Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- The Solid Waste Management Act, Act of July 7, 1980, 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.
- BULKY WASTE
- Large items of refuse, including, but not limited to, appliances, furniture, large auto parts, trees, branches and stumps which cannot be handled by normal solid waste processing, collection or disposal methods.
- Any person or entity collecting or transporting municipal waste and/or recyclable materials for owners or occupants of property in the municipality, including the municipality itself, if it undertakes the collection of municipal waste.
- Incineration, disposition, injection, dumping, spilling, leaking or placing waste into or on the land or water in such a manner that the waste or a constituent of the waste enters the environment, is emitted into the air or is discharged into the waters of the municipality.
- The site where municipal waste is disposed of, as designated by the municipality or by the proposed contractor, including all associated property and equipment.
- The animal or vegetable refuse from the storage, vending, sale, preparation or use of foodstuffs, such as meats, fish, fruits or vegetables or other domestic refuse.
- HAZARDOUS WASTE
- Any garbage, refuse or sludge from an industrial or other waste treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations from community activities, or any combination of the above, but not including solid or dissolved materials, domestic sewage or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under the Federal Water Pollution Control Act of 1948 (33 U.S.C. § 1151 et seq.), as amended, or source special nuclear or by-product material as defined by the U.S. Atomic Energy Act of 1954 (42 U.S.C. § 2011 et seq.), as amended, which because of its economy, concentration or physical, chemical or infectious characteristics may:
- A. Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
- B. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
- 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 servicing, including, but not limited to, hospitals, nursing homes, life care facilities, churches, orphanages, schools and universities.
- The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of solid waste by any person engaging in such process.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunch room or office waste or other material, including solid, liquid, semisolid or contained gaseous material resulting from operations of residential, municipal, commercial or institutional establishments and from community activities and including any sludge not meeting the definition of "residual waste" or "hazardous waste" under this section for municipal, commercial or institutional water supply treatment plants, wastewater treatment plants or air pollution control facilities.
- Worcester Township.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, the federal government or any agency thereof, state institution agencies (including, but not limited to, the Department of General Services, Public Schools and Authorities) or any other legal entity whatsoever which is recognized by law as a subject of rights and duties. For any provision of this chapter prescribing a fine, imprisonment or penalty, or any combination thereof, person includes the officers and directors of any corporation or of any other legal entity that has officers and directors.
- Any technology used for the purpose of reducing the volume or bulk of waste or converting or separating waste for off-site reuse. Processing facilities include, but are not limited to, transfer, composting and resource recovery facilities.
- All material which is discarded as useless.
- RESIDUAL WASTE
- Any garbage or other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial or agricultural operations and including any sludge from any industrial or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous waste,
- SANITARY LANDFILL
- A land site on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.
- SOLID WASTE
- Any waste, including, but not limited to, municipal, residual or hazardous waste, and including solid, liquid, semisolid or contained gaseous materials.
All applicable rules and regulations set forth in Title 25 of the Pennsylvania Code (Environmental Protection) are hereby adopted as the controlling rules and regulations regarding all municipal waste activities within the municipality. In the event of a conflict between such rules and regulations and any of the provisions of this chapter, the rules and regulations shall take precedence.
Nothing in this chapter shall prohibit the municipality from becoming a collector for the purpose of this chapter.
Pursuant to the authority vested by Section 202 of the Pennsylvania Solid Waste Management Act of 1980, Act 97, as amended, any person collecting municipal waste in the municipality from any residential, commercial or industrial generator thereof shall annually, on or before January 30, submit information to the municipality listing the type of waste collected, the quantity and manner of transportation thereof and the manner, location and ultimate disposal thereof, including, but not limited to, any processing, transfer or temporary storage thereof in the interim. Such information shall be supplied for the prior calendar year, and there shall also be an estimate of the same information for the current calendar year. The collector shall notify the municipality, in writing, of any change of disposal site or type of waste within 10 days of the change. Submission of such information shall be upon a form established by regulations adopted by a resolution of the municipality. No person may engage in collection of municipal waste in the municipality without providing all such information as required.
A collector shall be responsible for receiving municipal waste from properties in the municipality pursuant to contracts between the collector and the owners or occupants of the properties. All collectors shall dispose of all municipal waste at the facility designated by the municipality in compliance with such reasonable rules and regulations for operation of the facility as may be established by the facility. Disposal at any other place shall be a violation of this chapter and result in the enforcement of the penalty section of this chapter, except in special circumstances approved in advance by the facility. Such approval must be for disposal at an approved facility in accordance with the rules and regulations of the Department of Environmental Protection. The operations of all collectors shall comply with regulations of the municipality and with all applicable laws. Violation of such regulations or laws shall be cause for the enforcement of the penalty section of this chapter upon such notice as the municipality may determine to be reasonable.
A collector shall provide on demand a certificate of insurance showing that the insurance provided for in this subsection is carried in the specified amounts and has been obtained from a reputable company, satisfactory to the municipality, or shall file a self-insurance certificate as issued by the Department of Labor and Industry and the Department of Revenue of the commonwealth. Such certificates shall specify that the contractual liability required under this chapter is covered and that the coverage will not be canceled or changed without 30 days' prior notice to the municipality. The following insurance shall be carried and maintained by collectors:
Workers' compensation insurance for all employees;
Automobile liability insurance in the amount of $1,000,000, combined single limit bodily injury and property damage; and
General liability insurance in the amount of $1,000,000 bodily injury and $1,000,000 property damage.
The collector shall hereby agrees to indemnify and save harmless the municipality against any and all liability, demands, actions or damages, claims, costs or expense which the municipality may hereafter incur, suffer or be required to pay by reason of or arising out of any work done or action taken under this chapter.
Each and every policy of insurance herein mentioned which is required pursuant to the terms of this chapter shall carry with it an endorsement to the effect that the insurance carrier will transmit to the Township, by certified mail, written notice of any modifications, alterations or cancellation of any policy or policies or the terms thereof. The above-mentioned written notice shall be mailed to the Township at least 10 days prior to the effective date of any such modification, alteration or cancellation.
All vehicles used for collection and transportation of municipal waste shall comply with all safety regulations of the commonwealth. All vehicles used for collection of municipal waste and garbage shall be equipped with a closed body and shall be watertight and approved by the municipality. Open-type vehicles may be used for bulky waste. Such vehicles shall not be overfilled so as to cause the waste to be spilled therefrom, shall be cleaned at such intervals as necessary to prevent a nuisance from odors and shall be kept in good repair and order. Any waste that may be spilled in transit in the course of collection shall be promptly and completely cleaned up by the collector.
The collector's name and address as well as the tare weight of the collection vehicle shall be painted on both sides of the vehicle in letters not less than three inches high. Where rolloffs are used, the tare weight of both the truck and the container shall appear on the truck and the rolloff container.
Municipal waste shall be collected at least once a week as the contractual arrangement between the homeowner, householder or lessee and the collector may provide. Times of collection may be established by resolution of the Board of Supervisors. Municipal waste containers shall, for the purpose of collection, be placed at ground level and shall be readily accessible to the collector.
The following standards shall be adhered to in the preparation or storage of garbage:
Preparation. No more water shall be permitted in garbage than has naturally accumulated from table refuse.
The owners or occupants of dwellings, apartments or other residential units and the owners or occupants of other places where garbage is produced shall provide and maintain containers, as specified in Subsection B(3) and (4) hereof, for the storage of all garbage accumulated on the premises. A sufficient number of such containers shall be maintained for each premises as shall be sufficient to contain normal accumulation of garbage between the intervals of collection.
The municipality may, by resolution, make additional rules and regulations concerning garbage preparation, storage and collection practices.
Containers shall be made of non-water absorbent material and shall be equipped with lids of nonabsorbent material. Such containers shall be watertight, prevent the entry of flies and shall be kept in good repair at all times.
No person shall permit the accumulation of residual liquids or solids on the bottom or sides of garbage containers. The interior of containers shall be kept clean by thoroughly rinsing and draining as often as necessary.
No person shall accumulate garbage longer than seven days. No person shall place garbage at a curbside sooner than 24 hours before the scheduled collection time.
No person shall deposit or permit the deposit of garbage on the ground, on the public streets or alleys or in any body of water in the municipality.
Treatment of any municipal waste generated in another municipality is prohibited.
The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the County Health Officer. No person shall place such refuse in containers for regular collections.
No person shall use or permit to be used any property owned or occupied by him or her within the municipality as a public or private dump or landfill for municipal waste, whether generated within the municipality or elsewhere.
The collection of municipal waste in the municipality shall be subject to such additional rules and regulations as are passed by resolution from time to time and promulgated by the Board of Supervisors. However, no such rules or regulations shall be contrary to this chapter or other applicable law.
In addition to the penalty provided for in § 128-15, any continued violation of any of the provisions of this chapter which constitutes a nuisance in fact or which, in the opinion of the Board of Supervisors, constitutes a nuisance, may be abated by a proceeding against the violators in a court of equity or by seeking other relief available to the municipality, whether in equity or at law.