[Adopted 8-11-1993 by Ord. No. 63]
A.
CAPTIVE RESIDUAL WASTE FACILITY
GARBAGE
PERSON
PROCESSING
REFUSE
The following words, as used in this article, shall
have the meanings thereby ascribed thereto, unless the context clearly
indicates a different meaning:
A residual waste processing or disposal facility that is
located solely upon lands owned by the person or municipality that
generated the residual waste and which is operated to provide for
the processing or disposal solely of the generator's residual
waste.
[Added 5-10-2006 by Ord.
No. 110]
Includes all table refuse, animal and vegetable matter, offal
from meat, fish and fowl, fruits, vegetables and parts thereof, and
other articles or materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
Any natural person, association, partnership, firm or corporation.
Any treatment, preparation, packaging, manufacture or conversion
into other forms.
All discarded articles or materials, except sewage and liquid
waste, and including garbage, ashes, rubbish and combustible and noncombustible
waste and hazardous waste and hospital waste.
B.
Word usage. In this article, the singular shall include
the plural, and the masculine shall include the feminine and the neuter.
A.
From and after the adoption of this article, no person
shall keep or suffer to remain on his or her premises or any private
or public property, any garbage, refuse, ashes or fly ash or cast
the same upon any lot or piece of ground within the Township, or upon
the shores or margin of any stream or body of water, or into any sewer
inlet or upon any road, street, berm, or sidewalk within the Township.
Nor may any person use or permit to be used any land, spot or place
within the Township as a public or private dump or storage area for
garbage, refuse, ashes or fly ash, nor shall any person use or permit
to be used any land within the Township for the purpose of disposing
of garbage, refuse, ashes or fly ash by the landfill method, or in
any way use or allow the land to be used for operation of a landfill.
Nor shall any person use or permit to be used any land, spot, place
or building within the Township for the processing or storing of garbage,
refuse, ashes or fly ash.
B.
This section is subject to the exception set forth
hereinafter.
[Amended 7-26-2000 by Ord. No. 85]
A.
Permit required. Any person desiring to secure permission
to operate a garbage, refuse, ash or fly ash disposal, processing
or storage business (hereinafter collectively referred to as "garbage
business"), or desiring to permit the land of the person situated
within the Township to be used for a garbage, refuse, ash or fly ash
disposal, processing or storage area (hereinafter collectively referred
to as "garbage landfill"), shall file an application on a form prescribed
from time to time by the Board of Supervisors which shall contain
at a minimum the following information.
B.
Application for garbage business permit.
(1)
An application for a permit to operate a garbage business
must be made on a form provided by the Zoning Enforcement Officer
or Secretary of the Township and approved by the Board of Supervisors
of the Township.
(2)
The application for a garbage business permit must
be signed in one of the following manners:
(a)
If a person wishing to operate a garbage business
is an individual, the individual must sign the application for a permit
as applicant.
(b)
If a person who wishes to operate a garbage
business is other than an individual, each individual who has 10%
percent or greater interest in the business must sign the application
for a permit as applicant. Each applicant must be qualified.
(c)
If a corporation is listed as owner of a garbage
business or as the entity which wishes to operate such a business,
each individual having a 10% or greater direct or indirect interest
in the corporation must sign the application for a permit as applicant.
(3)
The completed application for a garbage business permit
shall contain the following information and shall be accompanied by
the following documents:
(a)
If the applicant is:
[1]
An individual, the individual shall state his/her
legal name and any aliases and submit proof that he/she is 18 years
of age.
[2]
A partnership, the partnership shall state its
complete name and the names of all partners, whether the partnership
is general or limited, and a copy of the partnership agreement, if
any.
[3]
A corporation, the corporation shall state its
complete name, the date of its incorporation is in good standing under
the laws of its state of incorporation, the names and capacity of
all officers, directors and principal stock holders, and the name
of the registered corporate agent and the address of the registered
office for service of process.
(c)
Whether the applicant, or a person residing
with the applicant, has been convicted of any criminal activity, and,
if so, the criminal activity involved, the date, place, and jurisdiction
of each.
(d)
Whether the applicant, or a person residing
with the applicant, has had a previous permit or has been a partner
in a partnership or an officer, director or stockholder of a corporation
that has had a previous permit under this article or other similar
garbage business ordinance from another municipality or governmental
unit denied, suspended or revoked, including the name and location
of the garbage business for which the permit was denied, suspended
or revoked, as well as the date of the denial, suspension or revocation.
(e)
Whether the applicant, or a person residing
with the applicant, holds any other permits or licenses under this
article or other similar garbage business ordinance from another municipality
or governmental unit and, if so, the names and locations of such other
garbage business.
(f)
Whether the applicant, or a person residing
with the applicant, currently has a permit or is a partner in a partnership
or an officer, director or stockholder of a corporation that currently
has a permit under this article or other similar garbage business
ordinance from another municipality or governmental unit which permit
has previously been denied, suspended or revoked, including the name
and location of the garbage business for which the permit was denied,
suspended or revoked, as well as the date of the denial, suspension
or revocation.
(g)
The location of the proposed garbage business,
including a legal description of the property, street address, and
telephone number(s), if any.
(h)
The mailing address and residential address
of the applicant.
(i)
The driver's license number, Social Security
number, and state and federally issued tax identification numbers
of every applicant.
(j)
A copy of every permit and license issued by
the United States of America, including the Environmental Protection
Agency, and every permit and license issued by the Commonwealth of
Pennsylvania, including the Department of Environmental Protection.
(k)
Five copies of a site survey of the property
and building proposed for the garbage business, on paper measuring
at least 11 inches by 17 inches, prepared and sealed by a surveyor
licensed by the Commonwealth of Pennsylvania containing all of the
following:
[1]
The location, size and type of every building
and use within 1,000 linear feet of the building proposed for the
garbage business.
[2]
Prepared on a scale no less than one inch to
50 feet.
[3]
The scale, date drawn, North point, and tax
parcel number of every parcel illustrated.
[4]
The name of every road or highway illustrated.
[5]
The proposed parking layout, landscaping, lighting,
sign location, building location and every other exterior improvement.
[6]
A site plan.
[7]
A building sketch or diagram showing the configuration
of the premises, including a statement of total floor space to be
occupied by the business. The sketch or diagram need not be professionally
prepared, but it must be drawn to a designated scale or drawn with
marked dimensions of the interior of the premises to an accuracy of
plus or minus one foot.
C.
Application for garbage landfill permit.
(1)
An application for a permit to operate a garbage landfill
must be made on a form provided by the Zoning Enforcement Officer
or Secretary of the Township and approved by the Board of Supervisors
of the Township.
D.
Fee for garbage business permit and garbage landfill
permit.
(1)
Every application for a garbage business permit and
every application for a garbage landfill permit shall be accompanied
by the nonrefundable permit application, investigation and inspection
fee to defray the cost of processing such application.
(2)
The amount of the fee shall be determined by the Board
of Supervisors from time to time by resolution.
E.
Bond for garbage business permit and garbage landfill
permit.
(1)
Every application for a garbage business permit and
every application for a garbage landfill permit shall be accompanied
by a nonrefundable performance or guarantee bond payable to the Board
of Supervisors or other surety acceptable to the Board of Supervisors,
in form acceptable to the Board of Supervisors, to guarantee completion
of every improvement required and to pay for the cost, as estimated
by the Township Engineer, of removal of any material from or remediation
of any land in which the Board of Supervisors has an ownership interest
that the Township Engineer certifies may become contaminated as a
result of the operations by the applicant, or any agent, servant or
employee of the applicant.
(2)
The amount of the bond shall be determined by the
Board of Supervisors from time to time by resolution.
A.
The receipt of an application and other required items
shall be called to the attention of the Board of Supervisors at the
next regular meeting of the Board of Supervisors. If the Board of
Supervisors desires the applicants to furnish additional information,
they shall notify the applicants in writing as to what additional
information is required. If the application complies with all of the
requirements set forth above, then the Board of Supervisors shall
set a date for a public hearing on the proposed application.
B.
Notice of a public hearing on said application shall
be given by publication once a week for two consecutive weeks in the
Beaver County Times and Beaver County Legal Journal and by posting
the land or building in 10 prominent places. The expense of said advertising
and posting shall be paid by the applicants and if not so paid, then
the application shall be rejected at the time of hearing and the advertising
costs shall be deducted from the amount of the bond filed with the
Secretary.
C.
At the time set the Board of Supervisors shall conduct a public hearing. If the Board of Supervisors is of the opinion that the proposed operation shall not be detrimental to the health, safety, morals and general welfare of the residents of the Township, then the said Board of Supervisors may by majority vote grant an exception to the prohibition contained in § 167-2 hereof and may permit the proposed operation. Approval is also contingent upon receipt of all applicable permits required by federal, state and county regulations. However, the granting of the exception shall be subject to all the limitations set forth hereinafter.
[Amended 4-14-2004 by Ord. No. 99]
If the application is rejected, the cash bond,
in an amount as set from time to time by resolution of the Board of
Supervisors, less any unpaid advertising expense as provided above,
shall be returned to the applicant. The application fee shall be retained.
Any rejected application that is resubmitted must be accompanied by
an application fee as set from time to time by resolution of the Board
of Supervisors.
No processing place or storage area for garbage,
refuse, ashes or fly ash shall be located or operated within a distance
of 2,500 feet of any residence or public building within the Township.
Both the operator and land owner of a landfill,
processing place or storage area shall be responsible for the littering
of the road leading to the landfill, processing place or storage area
with any garbage, refuse, ashes or fly ash and must at all times keep
said road and areas adjacent thereto free from such littering. Failure
to comply with this section shall constitute a violation of this article,
and failure to clear any such littering of said road or adjacent area
shall terminate the permission granted for said operation to the same
extent as if no exception had been granted or permit issued. In addition
thereto, failure of the operator and land owner to clean up such litter
after receiving written notice from the Township Secretary shall render
the operator and landowner responsible for payment to the Township
for all costs involved in hiring the clearing away of said litter,
and said costs may be deducted from the cash bond posted in accordance
with the terms of the article.
Any person who desires to haul garbage, refuse,
ashes or fly ash over the roads and streets of the Township shall
use a watertight vehicle provided with a cover so constructed as to
prevent offensive odors escaping from the vehicle and garbage, refuse,
ashes or fly ash from being dislodged, dropped, blown or spilled from
said vehicle. Both the operator of a landfill, processing place or
storage area and the owner of the land on which the operation or storage
is located shall be responsible for the requirements of this section,
and failure to comply with the section shall constitute a violation
of this article and terminate the permission granted for the operation
to the same extent as if no exception had been granted or permit issued.
[Amended 4-14-2004 by Ord. No. 99]
The operator and owner of the land shall post
with the Township Secretary, as hereinabove provided for at the time
of filing their application, a cash bond as set from time to time
by resolution of the Board of Supervisors to guarantee full and faithful
compliance with all terms and requirements of this article. Said cash
bond shall be held by the Township during all the time that the operation
is being conducted and shall be returned only upon conclusion of the
operation or the ceasing of the use of the land, and then only if
said operator and landowner have at all times fully complied with
all the terms and requirements of this article. Failure of either
the operator or the landowner to fully comply with the terms of this
article, or the violation by either of them of any terms of this article,
shall immediately constitute a full and complete forfeiture of the
said cash bond so posted.
[Amended 4-14-2004 by Ord. No. 99; 5-10-2006 by Ord. No. 110]
Upon approval of the permit, the owner/operator shall pay to
the Township a sum per ton of dumped material as set from time to
time by resolution of the Board of Supervisors, payable on a monthly
basis and based upon submittal of trucking (weight) slips. This fee
is payable for the benefit of using various Township services, roads
and infrastructure relative to said activity. A captive residual waste
facility shall not be required to submit weight slips or to pay a
per-ton fee to the Township.
[Amended 11-14-2001 by Ord. No. 88]
The provisions of this article shall not affect
a municipally owned dump.
