The following terms, whenever used in this article,
have the meaning indicated in this section, except where the context
indicates a clearly different meaning:
ASHES
The residue from the burning of wood, coal, coke, or other
combustible material.
BULKY WASTE
Large items of refuse, including but not limited to appliances,
furniture, large auto parts, trees, branches and stumps.
CELL
Compacted refuse completely enclosed by cover material.
COMMERCIAL WASTE
All solid waste emanating from establishments engaged in
business. This category includes but is not limited to solid waste
originating in stores, markets, office buildings, restaurants, shopping
centers and theaters.
COMPOSTING
The decomposition of solid waste material of organic composition
through chemical and biological processes usually resulting in a plant
food or soil conditioner.
CONSTRUCTION AND DEMOLITION WASTE
Waste building materials and rubble resulting from construction,
remodeling, repair and demolition operations on houses, commercial
buildings, other structures and pavements.
DOMESTIC WASTE
Solid waste, comprised of garbage or rubbish, which normally
originates in the residential private household or apartment house.
GARBAGE
Solid waste resulting from animal, grain, or vegetable matter
used or intended for use as food.
GROUNDWATER
Water in the ground that is in the zone of saturation.
HAZARDOUS WASTE
Solid waste with certain inherent dangers. This category
includes but is not limited to chemicals, acids, explosives, pathological
wastes and radioactive materials.
INCINERATION
The process of burning combustible solid waste to an inoffensive
gas and inert residue.
INDUSTRIAL WASTE
All solid and liquid wastes resulting from manufacturing
and industrial processes such as those carried on in factories, processing
plants, refineries, slaughterhouses and steel mills.
INSTITUTIONAL WASTE
All solid waste emanating from institutions such as hospitals,
nursing homes, orphanages, schools and universities.
LEACHATE
Liquid wastes which result and discharge from the deposition
of solid wastes in landfill areas.
PERSON
A natural person, corporation, municipality, partnership
association, institution, cooperative enterprise or legal entity.
PREMISES
A tract or parcel of land with or without habitable buildings.
REFUSE
All solid waste excluding ashes and garbage, consisting of,
but not limited to, rubbish, paper, cardboard, tin cans, yard clippings,
wood, glass, bedding, crockery, metals and street cleanings. Body
wastes and hazardous materials shall not be included within this definition.
SALVAGING
The controlled removal of reusable materials from solid wastes.
SANITARY LANDFILL
A method of disposing of solid wastes on or in ground by
compaction and covering with soil or appropriate materials approved
by the Board of Supervisors of Chartiers Township, without creating
fires, nuisances or hazards to public health and safety.
SCAVENGING
The uncontrolled removal of usable materials.
SOLID WASTE
All or parts of combinations of ashes, garbage, refuse, hazardous
material, combustible demolition materials and industrial wastes.
SOLID WASTE MANAGEMENT SYSTEM
The entire process or any part of storage, collection, transportation,
processing and disposal of solid wastes by any person engaging in
such process as a business or any municipality, county or any combination
thereof.
SUPERVISORS
The duly elected Supervisors of Chartiers Township.
SURFACE WATER
Any body of water whose top surface is exposed to the atmosphere,
including flowing bodies as well as natural or man-made ponds and
lakes.
TRANSFER STATION
An approved site and facilities for the transfer, temporary
storage and necessary processing of solid wastes from collection vehicles
to transporting vehicle, railway cars, barges or other vessels to
a disposal site in a manner approved by the Board of Supervisors of
Chartiers Township.
Transfer stations shall be prohibited within the Township. No person shall be permitted to operate a solid waste management system or sanitary landfill in Chartiers Township, nor shall any sanitary landfill or solid waste management system be established or operated within the Township unless located in zones approved by and in conformance with the requirements of Chapter
350, Zoning. From and after the effective date of this article, it shall be unlawful for any person to operate a sanitary landfill or solid waste management system except those sanitary landfills or solid waste management systems now in operation and which have been duly licensed by the Township of Chartiers and by the Health Department of the Commonwealth of Pennsylvania.
No person shall be permitted to deposit in any
sanitary landfill or solid waste management system any of the following:
C. Acids which are a by-product of any industry, including
but not limited to mill acids.
The application form for a permit to operate
a solid waste processing or disposal facility, sanitary landfill or
solid waste management system shall require such information as the
Supervisors deem necessary and shall contain or be accompanied by
the following information and date:
A. Design requirements.
(1) All solid waste processing or disposal facility or
area operations, sanitary landfills or solid waste management systems
shall be designed in accordance with the requirements of this article
by a registered professional engineer and shall bear the signature
and seal of the registered professional.
(2) Background data shall include:
(a)
Present and estimated future contributory populations
for the design life.
(b)
Per capita daily refuse quantities in weight
and volume.
(c)
Ratio of the maximum daily volume anticipated
to the average daily volume anticipated.
(3) Topographic maps should be submitted in triplicate
(three copies) and shall be drawn to the scale of 200 feet to the
inch or larger and shall contain five-foot contour intervals. Topographic
maps shall include, as a minimum, the following information:
(a)
Legal property boundaries of the proposed site;
(c)
Proposed traffic patterns;
(e)
Location of weighing facilities;
(f)
Location of existing and proposed utilities.
(4) Plans submitted shall indicate suitable provisions
to prevent water pollution.
(5) Such further information as may be required to insure
that the proposed solid waste processing or disposal facility complies
with this article shall also accompany the permit application.
(6) A permit from the Commonwealth of Pennsylvania, Department
of Environmental Protection, and from the County of Washington for
the operation of a solid waste management system or sanitary landfill.
B. When the Supervisors have found an application incomplete,
the applicant shall be notified in writing within 30 days.
C. Upon the approval of such application by the Supervisors,
they may issue a permit to the applicant, provided that the Supervisors
find the following:
(1) The solid waste management system or sanitary landfill
complies with the standards contained in this article and other applicable
rules and regulations of the Commonwealth of Pennsylvania and the
County of Washington.
(2) The applicant has paid a license fee of $500 which
is due within 10 days after notification of approval of the application.
D. In the event a permit is denied, the Supervisors shall
give prompt written notice to the applicant.
E. The permit shall be posted in a conspicuous place
at the principal business site of the licensee.
F. The permit is nontransferable.
G. The owner or operator shall promptly notify the Supervisors
of any transfer, sale or change in the status of the operation covered
by this article.
H. A permit issued under this article shall expire on
the 31st day of December. Permits shall be renewable annually, in
the same manner and upon payment of the same annual fee.
I. Permits may be revoked by the Supervisors at such
times when provisions of these rules and regulations are not adhered
to.
Whenever the Supervisors determine that an emergency exists
which necessitates immediate action to protect the public health,
safety or welfare, they shall issue a written order reciting the existence
of the emergency and requiring corrective action necessary to meet
the emergency. Notwithstanding the provisions of this article, this
order shall be effective upon service and shall be complied with immediately.
The Supervisors, in the enforcement of the standards contained
in this article, shall adopt by reference all applicable laws, regulations
and standards of the Commonwealth of Pennsylvania, which are incorporated
herein by reference thereto as though herein fully set forth. These
laws and regulations with current amendments applicable to solid waste
management systems and sanitary landfills shall be used by the Supervisors
in the exercise of their office.
It shall be unlawful for any person to install,
construct, extensively alter or operate any solid waste management
system, sanitary landfill, incinerator, composting process or any
other approved method for the disposal of solid wastes unless such
person has complied with the requirements and standards contained
in this article and the rules and regulations of the Commonwealth
of Pennsylvania.
It shall be unlawful for any person to dispose
or cause the disposal of solid waste upon any public or private property
or into the waters of the Commonwealth of Pennsylvania in Chartiers
Township except in an approved manner as provided by this article.
This section shall not be construed to prohibit the disposal of domestic
garbage or refuse from private residences or other facilities by private
or municipal garbage grinders which does not create an odor, public
health hazard or nuisance.
Planning, design and operation of any solid
waste processing or disposal facility or area of a solid waste management
system, including but not limited to sanitary landfills, incinerators,
compost plants, and solid waste salvage operations, shall be in accordance
with the standards adopted by the Board of Supervisors in this article.
The Supervisors, upon their own recommendation, may from time to time
revise such standards as they deem necessary to prevent nuisances
and pollution of the air, land or waters of Chartiers Township. Such
standards and revisions shall include procedures to insure suitability
of the site and proper operation of the sanitary landfill, incinerator,
compost plant, solid waste salvage operation or other solid waste
processing or disposal operation. No person shall operate such solid
waste processing or disposal area or a solid waste management system
which is not in compliance with these standards.
In the event of the failure to comply with an
order issued pursuant to any section or subsection of this article,
the Supervisors may institute appropriate actions or proceedings in
the name of the Township of Chartiers at law or in equity to restrain,
correct or abate the violation of any order of this article, or they
may cause this order to be carried out at the expense of the Township.
The Township may recover the amount of the expense by action at law
or in equity as the case may be.
Any person aggrieved by any action of the Supervisors may request
and shall be granted a hearing as follows:
A. The person aggrieved shall notify the Supervisors
of Chartiers Township in writing of his request for a hearing.
B. Within
30 days after receipt of this written request for a hearing, the Supervisors
shall give notice to the person aggrieved as to the time and place
of the hearing, and the person aggrieved shall have an opportunity
to present evidence of his compliance with this article.
C. After
hearing, the Supervisors shall within 30 days issue a permit, if the
aggrieved person submits sufficient evidence of compliance with this
article. In the event that the person aggrieved fails to show evidence
that this article has been complied with, the Board of Supervisors
shall notify the person aggrieved that he continues in violation of
this chapter, giving notice of the specific provisions of this article
that are in violation, and that the operations must cease and desist
or that the violation must be abated or corrected within the time
prescribed by the Board of Supervisors.
It shall be unlawful for any person to transport solid waste
in a vehicle that is not currently under valid permit by the Supervisors.
Application for the permit shall be made on forms provided by the
Supervisors by any person intending to engage in the transportation
of solid waste for each vehicle used for this purpose. Upon approval
of such application, the Supervisors shall issue a permit to the applicant,
provided that the Supervisors find that:
A. The transportation vehicle complies with the standards
contained in this article and other applicable rules and regulations
and laws of the Commonwealth of Pennsylvania.
B. Each transportation
permittee shall file monthly with the Supervisors a statement listing
the number of loads of solid waste handled each day, setting forth
the sources from which it was obtained, the weight or volume and the
place of disposal or incineration of each load.
C. From and
after the effective date of this article, it shall be unlawful for
any person to operate a garbage collection business or to transport,
haul or otherwise dispose of garbage in Chartiers Township through
the use of a vehicle without first having obtained a permit for each
vehicle and to pay to the Township of Chartiers an annual permit fee
of $10 for each vehicle in use in the collection, transporting or
otherwise disposing of rubbish, garbage or refuse as defined in this
article. On payment of the license fee for each vehicle aforesaid,
the Township of Chartiers shall issue a license to each vehicle.
No person other than those licensed by the Supervisors of Chartiers
Township shall be permitted to operate, maintain, control or otherwise
use a sanitary landfill or solid waste management system for the purpose
of collecting any of the enumerated articles set forth in this article
and disposing of them in such system without first having attained
the license from the Supervisors of Chartiers Township.
The sanitary landfill or solid waste management
system for the receipt of garbage, rubbish, waste material and other
articles mentioned in definitions hereinabove set forth shall be subject
to inspection by the Supervisors on a regular monthly basis or at
such other times as the Supervisors deem it necessary to make inspections
or upon proper complaints made to the Supervisors from the Township
officials or from citizens of the Township with respect to the condition
of the sanitary landfill or solid waste management system. Notices
of violation shall be as hereinabove set forth.
Any person who violates any of the provisions of this article
or who interferes with the Supervisors in the discharge of their official
duties shall, for every such offense, upon conviction thereof in a
summary proceeding before any Magisterial District Judge in the County
of Washington and Commonwealth of Pennsylvania, wherein said offense
was committed, be sentenced to pay a fine or penalty of not more than
$300 to be paid to the Township, together with costs, or to be imprisoned
in the Washington County Jail for a period of not more than 30 days,
or both, at the discretion of the Court. All prosecution shall be
brought in the name of the Township of Chartiers. Each section and
subsection of this article in violation shall constitute a separate
offense. Each day shall also constitute a separate offense.