Township of Carroll, PA
Perry County
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[Adopted 6-4-1986 by Ord. No. 33]
A. 
Statement of intent. The intent of this article is to:
(1) 
Promote and protect public health, property values and aesthetics.
(2) 
Regulate the storage, collection, disposition or dumping of solid waste, including other refuse materials.
(3) 
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:
AGRICULTURAL WASTE
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.
COMMONWEALTH
The Commonwealth of Pennsylvania.
DEPARTMENT
The Department of Environmental Protection, Commonwealth of Pennsylvania, and its authorized representatives.
DISPOSAL
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.
FOOD PROCESSING WASTE
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.
HAZARDOUS WASTE
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]
MUNICIPALITY
The Township of Carroll.
MUNICIPAL WASTE
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.
NORMAL FARMING OPERATION
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.
PERSON
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.
POLLUTION
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.
REFUSE MATERIAL
All materials which are discarded as useless, including but not limited to hazardous waste, garbage, sludge and demolition wastes.
RESIDUAL WASTE
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.
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazardous waste, demolition and construction waste, including solid, liquid, semisolid or contained gaseous materials.
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 constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TREATMENT
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.
[1]
Editor's Note: See 52 P.S. § 30.51 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
A. 
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. 
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. 
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. 
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. 
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. 
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. 
The name and address of the applicant.
B. 
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. 
A list of equipment available for use in maintaining the site.
D. 
The name and address of each individual who will be in charge of the landfill site during hours of operation.
E. 
The type of refuse to be accepted.
F. 
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. 
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. 
Any further expansion of said existing landfill shall be prohibited except as contained herein.
A. 
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. 
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. 
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. 
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. 
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. 
There shall be no fires or burning of any waste at the landfill site.
G. 
There shall be no uncovered waste, junk or other discarded material at the landfill site at the close of a working day.
H. 
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. 
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. 
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.