This article shall be known as the "Solid Waste Management Ordinance."
It is hereby declared that this municipality accepts the responsibility
for the collection, transportation, processing and disposal of solid wastes
within its boundaries and, for that purpose, declares that this article is
to coordinate and to regulate the storage, collection, transportation, processing
and disposal of all solid waste materials in order to protect the public safety,
health and welfare of this municipality.
The following words and terms shall have the following meanings, unless
the context clearly indicates otherwise.
BULK CONTAINER
A container not intended to be moved or, if moved, transported by
vehicle for purposes of disposal.
COMMERCIAL ESTABLISHMENT
Businesses such as offices, stores, markets, theaters, hospitals
and other institutional buildings.
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish
and fowls, fruits, vegetables and parts thereof, and other articles and materials
ordinarily used for food which have become unfit for such use or which are
for any reason discarded.
PERSON
Every natural person, firm, corporation, partnership, association,
or institution.
REFUSE or SOLID WASTE
A general term and shall mean all matter and materials which are
discarded or rejected by the owners or producers thereof as offensive or useless,
or which by their presence or accumulation may injuriously affect the health,
comfort and safety of the community; it shall include ashes, garbage, rubbish
and other refuse materials, but exclude human body waste.
RUBBISH
Leaves, branches, trees, sawdust, chips, shavings, wood, woodenware,
paper, printed matter, boxes, leather, rags, grass, straw, manure and all
solid combustible matter not included in this section under the term "garbage."
VECTOR
An insect or other organism that transmits a pathogenic fungus, virus,
etc.
The governing body of this municipality shall be responsible for all
aspects of solid waste management within the municipality; except, however,
that this governing body may, by official act, designate along with adjoining
municipalities a common responsible agency to function on its behalf.
The responsible agency shall have the following functions and powers:
A. Regulate and control the collection, storage, transportation,
processing and disposal of all solid waste materials in accordance with a
plan approved by the Pennsylvania Department of Environmental Protection.
B. Cooperate with other local units of government in close
proximity and with appropriate private organizations in carrying out its duties
under this article.
C. Adopt such rules, regulations, standards and procedures
as shall be necessary to conserve the air, water and land resources of the
municipality, protect the public health, prevent public nuisances, and enable
it to carry out the purpose and provisions of this article.
D. Issue permits and orders and conduct such inspections
as may be necessary to implement the provisions of this article or to delegate
to proper persons or organizations such power.
E. To contract with any person, other municipality, or organization
to carry out their responsibilities for all or any part of the collection,
transportation, processing and disposal of solid wastes.
Disposable containers such as paper and polyethylene bags shall be acceptable
for storage of solid waste provided the following conditions are met:
A. Only those bags specially designed for storage and collection
shall be used.
B. Bags shall be protected against precipitation, animal
damage and overloading to prevent littering or attracting of vectors.
C. Bags shall have a holding strength capable of withstanding
stresses until they are collected.
D. Bag openings shall be securely closed prior to setting
out for collection.
Refuse shall be collected in accordance with the following schedule,
and in the event this municipality has not made a contract for a collection,
it shall be the duty of the producer of the refuse to make arrangements to
have his refuse collected in accordance with this schedule:
A. A minimum of once weekly throughout the year.
B. Hotels, restaurants, institutions and commercial establishments
shall have daily collection in the event the refuse contains any substantial
amount of decomposable material.
No person shall collect, remove, haul, or convey any refuse other than
that produced by himself through or upon any of the streets or alleys of this
municipality or dispose of the same in any manner or place without obtaining
a permit for each vehicle so used from the responsible agency or its designee.
A. Refuse may be disposed of on premises owned or leased
by the producer of the refuse provided it is done in a safe, sanitary and
nuisance-free manner and in compliance with all applicable ordinances, statutes
and rules and regulations.
B. The fee for such permit shall be $25 per vehicle per
year and all permits shall be issued for the calendar year or such portion
thereof as shall remain after the issuance thereof. There shall be no reduction
in the fee for a permit issued after the beginning of the calendar year.
C. Every person who shall apply for a permit under this
section shall state the type or types of refuse to be collected, the manner
of collection, and the place and method of disposal.
D. No permit shall be granted if any of the items mentioned in Subsection
C above shall not conform to the requirements of this article or any applicable ordinance, statute, rule or regulation.
Collection and transportation vehicles shall be kept in a clean and
sanitary condition.
All solid waste collected shall be transported to a processing or disposal
site approved by the regulatory agency having jurisdiction.
All refuse disposal shall be at a site approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania, except refuse referred to in §
222-14A.
It shall be unlawful for any person to:
A. Deposit, dump, spill, throw, place or bury or permit another to deposit, dump, spill, throw, place or bury in or upon any parcel of land, lot, street, highway, gutter or in any alley or in any water or stream or in any quarry or ditch within the limits of this municipality, except as provided for in §
222-19, any solid waste material, provided, however, that this prohibition shall not apply in the following situations:
(1) Refuse disposed of on premises owned or leased by the
producer of the refuse, provided it is done in a safe, sanitary and nuisance-free
manner and in compliance with applicable ordinances.
(2) Manure, fertilizer and refuse used as fertilizer in farming
or gardening.
(3) Dead household pets interred in places set apart for
that purpose.
(4) Soil, earth, sand, clay, gravel, loam, ashes, slate,
stones, bricks, plaster, cement, leaves, branches, trees, sawdust, chips,
shavings, wood, grass, straw and corn fodder when used as fill, provided it
is done in a safe, sanitary and nuisance-free manner.
B. Permit a collector without a permit to collect or remove
refuse from a household, institution or commercial enterprise.
C. Permit the accumulation or residue of liquids, solids
or a combination of such material on the bottom or sides of containers.
D. Collect or transport or convey refuse in nonconforming
vehicles.
E. Scavenge any materials delivered and deposited for disposal.
F. Salvage or reclaim any solid wastes except at a properly
permitted facility in which salvage is an integral part of the operation.
G. Make refuse available for animal consumption unless such
refuse has been heat-treated to kill any disease agent therein.
H. Use, maintain or operate an open dump.
I. Burn any solid waste except in accordance with applicable
ordinances and statutes.
J. Allow any abandoned vehicle to remain more than 48 hours
upon any public property or on private property with an expired vehicle license
(salvage yards, specially licensed historical vehicles, and those vehicles
screened from sight shall not be considered abandoned).
[Amended 3-12-1973]
Any person who violates a provision of this article is guilty of a summary
offense which is punishable, upon conviction, by a fine not exceeding $300.
Each day of violation is a separate and distinct offense.