[Adopted 6-4-1986 by Ord. No. 33]
A.Â
Statement of intent. The intent of this article is
to:
(1)Â
Promote and protect public health, property values
and aesthetics.
(2)Â
Regulate the storage, collection, disposition or dumping
of solid waste, including other refuse materials.
(3)Â
Protect and promote life's quality for all of the
inhabitants of the Township, further providing for the aesthetic and
environmental well-being of said Township.
The following words and phrases when used in
this article shall have, unless the context clearly indicates otherwise,
the meanings given to them as follows:
Poultry and livestock manure or residual materials in liquid
or solid form, generated in the production and marketing of poultry,
livestock, fur-bearing animals, and their products, provided that
such agricultural waste is not hazardous. The term includes the residual
material generated in producing, harvesting and marketing of all agronomic,
horticultural and silvicultural or crops or commodities grown on water
and usually recognized and accepted as farms, forest and other agricultural
land.
The Commonwealth of Pennsylvania.
The Department of Environmental Protection, Commonwealth
of Pennsylvania, and its authorized representatives.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land in a manner
that the solid waste or a constituent of the solid waste enters the
environment, is admitted into the air, or is discharged in the waters
of the commonwealth.
Residual materials in liquid or solid form generated in the
slaughtering of poultry and livestock and the process of converting
fish, seafood, meat, milk and eggs to food products. It also means
residual materials generated in the processing, converting or manufacture
of fruits, vegetables, crops or other commodities into marketable
food items.
Any garbage, refuse, sludge, from an industrial or other
wastewater 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, and from community activities, or any combination of the
above, but does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows,
or industrial discharges which are point sources subject to permits
under the provisions of the Federal Water Pollution Control Act, as
amended, or sewers, special nuclear or by-product material as defined
by the U.S. Atomic Energy Act of 1954 which, because of its quantity,
concentration, or physical chemical or infectious characteristics
may cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or pose a substantial present or potential hazard to human health
or environment when improperly treated, stored, transported, disposed
of or otherwise managed. The term "hazardous waste" shall not include
coal refuse as defined in the Act of September 24, 1968, known as
the "Coal Refuse Disposal Control Act."[1] Hazardous waste shall not include treatment sludges from
coal mine drainage treatment plants, disposal which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Act of June 22, 1937, known as the "Clean Streams Law."[2]
The Township of Carroll.
Any garbage, refuse, industrial, lunchroom or office waste
or other material including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments, from community activities
and any sludge not within the definition of residual or hazardous
waste hereunder from a municipal, commercial, institutional water
supply treatment plant, wastewater treatment plant or air pollution
control facility.
Customarily and generally accepted activities, practices
and procedures that farms adopt, use or engage in year after year,
the production and preparation for market of poultry, livestock or
other products, and production or harvesting and preparation for market
of agricultural, agronomic, horticultural, silvicultural or aquicultural
crops and commodities, provided that such operations are conducted
in compliance with applicable laws, and provided that the use or disposal
of these materials do not pollute the air, water or other natural
resources of the commonwealth; including the storage and utilization
of agricultural and food process wastes of animal feed; including
the agricultural utilization of septic tank cleanings and sewage sludge
which is generated off site; including the management, collection,
storage, transportation, use or disposal of manure and other agricultural
wastes, food processing wastes on land or such materials to improve
the condition of the soil, growth of crops, and the restoration of
the land for the same purposes.
Any individual, partnership, corporation, association, institution,
corporate enterprise, municipal, authority, federal government or
agency, state institution, agency or other legal entity whatsoever
which is recognized by law as a subject of rights and duties; and
for 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 other
legal entity having officers and directors.
Contamination of any air, water, land or other natural resource
of the Township, such as will create or is likely to create a public
nuisance or to render such air, water, land or other natural resources
harmful, detrimental or injurious to public health, safety or welfare,
or to domestic, municipal, commercial, industrial, agricultural, recreational
or other legitimate beneficial uses, or to livestock, wild animals,
fish or other life.
All materials which are discarded as useless, including but
not limited to hazardous waste, garbage, sludge and demolition wastes.
Any garbage, refuse or other waste, including solid, liquid,
semisolid, or contained gaseous materials resulting from industrial,
mining and agricultural operations and any sludge from any industrial,
mining or agricultural water supply treatment facility, wastewater
treatment facility or air pollution control facility, provided that
it is not hazardous. The term "residual waste" shall not include coal
refuse as it is defined in the Coal Refuse Disposal Control Act. Residual
waste shall not include treatment sludges from coal mines, drainage
treatment plants, disposal of which is being carried on pursuant to
and in compliance with the valid permits issued pursuant to the Clean
Streams Law.
Any waste, including but not limited to municipal, residual
or hazardous waste, demolition and construction waste, including solid,
liquid, semisolid or contained gaseous materials.
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 constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
Any method, technique or process, including neutralization
designed to change the physical, chemical or biological character,
composition of any waste, so as to neutralize such waste or serve
to render such waste as nonhazardous, safer for transport, suitable
for recovery, suitable for storage, or reduced in volume. Such term
includes any activity or processing designed to change the physical
form or chemical composition of waste so as to render it neutral or
nonhazardous.
A.Â
It shall be unlawful for any person to use or continue
to use their land or any other land as a storage, collection, processing
or disposal site of solid waste, unless such person is the municipality
of Carroll Township, or the municipal authority of Carroll Township.
B.Â
The municipality of Carroll Township, or the municipal
authority, is prohibited from storage, collection, processing or disposal
of solid waste on any land in the Township of Carroll without a permit,
which said permit must be obtained from the Township of Carroll.
C.Â
Permit requirements shall not apply to farmers for
normal farming operations, nor shall permit requirements apply to
the storage of by-products which are utilized in the processing or
manufacturing of other products, unless such other storage causes
environmental degradation.
D.Â
Planning, design and operation of any solid waste
processing or disposal facility or areas including but not limited
to resource recovery systems, sanitary landfills, incinerators, compost
plants, transfer stations, and solid waste salvage operations, shall
be in accordance with the standards as more fully set forth in the
Act of July 7, 1980, P.L. 380, No. 97, known as the Solid Waste Management
Act,[1] and all rules and regulations adopted thereto.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
A.Â
Applications for a permit to operate a solid waste
processing or disposal facility shall be in accordance with the provisions
of the Solid Waste Management Act (35 P.S. § 6018.101 et
seq.) and the Solid Waste Management Rules and Regulations promulgated
thereto, as well as any other applicable laws.
[Amended 12-2-2003 by Ord. No. 51]
B.Â
All applications must meet the requirements and regulations
of the Department of Environmental Protection as well as the regulations
contained in this article, and further, a permit shall be issued by
the Township of Carroll provided that the said regulations contained
in this article are otherwise met.
No site for incineration of or for disposition
of solid waste or location of a sanitary landfill shall be established
within 500 yards of any dwelling, church, school, or any other building
or buildings which from time to time are utilized for human occupancy.
Applications for a permit pursuant to § 113-11 above shall contain the following information:
A.Â
The name and address of the applicant.
B.Â
A plan drawn to scale indicating the metes and bounds
of the land upon which the sanitary landfill is to be maintained;
the common area presently used; the area for which permits, if any,
have been granted by the Department of Environmental Protection and
the Solid Waste Management Act; and all streams and public roads within
500 feet of the present landfill.
C.Â
A list of equipment available for use in maintaining
the site.
D.Â
The name and address of each individual who will be
in charge of the landfill site during hours of operation.
E.Â
The type of refuse to be accepted.
F.Â
Description of insurance, including liability for
pollution, together with copies of insurance policies satisfactory
to the Board of Supervisors.
A license issued for a sanitary landfill hereunder
shall be valid for the calendar year in which issued and the application
must be reviewed on a year-to-year basis. An application fee for the
initial application shall be paid, and for each renewal thereafter,
as set from time to time by resolution of the Board of Supervisors.
The Board of Supervisors may revoke or refuse
any licenses previously issued for the operation of a sanitary landfill
if the Board finds after investigation that the landfill has been
operating in violation of the regulations set forth in this article,
any other ordinance in the Township of Carroll or any pertinent laws
or regulations of the Commonwealth of Pennsylvania.
A.Â
All persons who at the time of the adoption of this
article operate a landfill or who otherwise store, collect, process
or dispose of solid waste or refuse within the Township shall obtain
a permit of nonconforming use.
B.Â
Any further expansion of said existing landfill shall
be prohibited except as contained herein.
A.Â
The licensee shall comply with all pertinent laws
and regulations of the Commonwealth of Pennsylvania or of the United
States of America or any department, agency or authority thereof.
B.Â
A competent adult individual directly responsible
to the licensee shall be present at and in charge of the landfill
at all times during operation.
C.Â
A daily register shall be kept containing the full
name and address of each person, firm, corporation or other entity
bringing refuse to the landfill, containing the license number of
any vehicle involved and specifying the type and quantity of refuse
and the place of origin of such refuse.
D.Â
The daily register required in Subsection C above shall be open to inspection by the Board of Supervisors or its duly authorized representative at all times during business hours.
E.Â
The landfill gate shall be closed by a locked gate
at each entrance and exit when the landfill is not open or in operation.
F.Â
There shall be no fires or burning of any waste at
the landfill site.
G.Â
There shall be no uncovered waste, junk or other discarded
material at the landfill site at the close of a working day.
H.Â
The licensee shall remove and clean any refuse spilled
upon any public or private road or property within Carroll Township
from any vehicle carrying refuse to the landfill and shall have equipment
and personnel available at all times for such cleaning and removal.
A.Â
Public nuisance. Any violation of any provision of
this article or any rule or regulation of the Department of Environmental
Protection or any term or condition of the Township permit or Department
of Environmental Protection permit shall constitute a public nuisance.
Any person or municipality committing such a violation shall be liable
for the costs of abatement of any pollution and any public nuisance
caused by such violation.
B.Â
In addition to proceeding under any other remedy available
at law or in equity for violation of any provision of this article,
any rule or regulation of the Department of Environmental Protection,
and any term or condition of any permit issued, the Township may assess
a civil penalty upon said person for such violation in addition to
any penalties provided through the Solid Waste Management Act to be
enforced by the Department of Environmental Protection.
