[HISTORY: Adopted by the Board of Supervisors of the Township of
Shirley as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-27-1988 by Ord. No. 1988-1]
A.
The governing body of Shirley Township (hereafter called
"the municipality"), recognizing its responsibilities under the Pennsylvania
Solid Waste Management Act, 35 P.S. § 6018.101 et seq., and pursuant
as well to the powers given it under the Township Code, particularly 53 P.S.
§ 67101, hereby determines, declares, and finds as follows:[1]
(1)
The closure of municipal waste disposal sites in the
Bedford-Fulton-Huntingdon Solid Waste Authority (hereafter called "the Authority")
service area, and the closure or pending closure of disposal sites in neighboring
counties, has created an increasingly difficult disposal problem for the municipality;
(2)
The municipality's waste haulers must travel increasingly
greater distance at increasing cost to municipality's residents for proper
disposal;
(3)
The continuation of these conditions indicate that the
municipality and the Authority will face a crisis of waste accumulation that
threatens the sanitation, health, and safety of the municipality's residents;
(4)
Improper and inadequate solid waste practices would create
public health hazards, environmental pollution, and economic loss, would cause
irreparable harm to the public health, safety and welfare;
(5)
The provisions of this article set forth hereinafter
will promote the public health, safety, and welfare, and eliminate or reduce
the public health hazards, environmental pollution, and economic losses caused
by inadequate and improper solid waste practices;
(6)
The actions hereafter prescribed are in furtherance of
the goals and policies of the Pennsylvania Solid Waste Management Act and
the Official Plan for a solid waste management system in the Authority Service
Area;
(7)
The actions hereafter prescribed are in conformity with
the existing Official Plan of Solid Waste Management adopted for the municipality,
particularly as it relates to the eventual development of a solid waste disposal
system for the Authority and a requirement that waste collection be done by
independent, private collectors under license by the municipalities; and
(8)
The actions herein prescribed are in conformity with
the planning now underway by the Three County Planning Offices for revising
the Official Plan for Solid Waste Management.
B.
Accordingly, it is the purpose of the Act to accomplish
the following:
(1)
Provide for the effective implementation of the Pennsylvania
Solid Waste Management Act, 35 P.S. § 6018.101 et seq., and the
Official Plan for Solid Waste Management of the municipality;
(2)
Provide for the effective collection, transportation,
processing, and interim and final disposal of municipal waste which is generated
or present within the municipality;
(3)
Require licenses for municipal waste collection and transportation;
(4)
Provide for the collection of municipal waste in an appropriate,
sanitary fashion so as to protect the public health, safety and welfare;
(5)
Reduce the costs of municipal waste collection and disposal
by providing for integrated and efficient processing of municipal waste at
a transfer or disposal facility hereinafter described.
A.
AUTHORITY
BULKY WASTE
CARTWAY
GARBAGE
HAULER
HAZARDOUS WASTE
(1)
(a)
(b)
(2)
MUNICIPAL WASTE
MUNICIPALITY
NUISANCE
PERSON
REFUSE
RESIDUAL WASTE
The following words and terms as used in this article
shall have the meanings ascribed to them unless the context clearly indicates
a different meaning:
Bedford-Fulton-Huntingdon Solid Waste Authority, a municipal body
created under the Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq., as amended.[1]
Large items of refuse, including but not limited to appliances, furniture,
large auto parts, trees, branches and stumps.
Paved area of street, avenue, alley, etc.
Municipal waste resulting from animal, grain, fruit or vegetable
matter.
Any person, firm, copartnership, association or corporation who has
been licensed by the Authority to collect, transport, and dispose of refuse
for a fee as herein prescribed.
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
§ 402 of the Federal Water Pollution Control Act, as amended (86
Stat. 880), or source, special nuclear, or by-product material as defined
by the U.S. Atomic Energy Act of 1954, as amended (68 Stat. 923), which because
of its quantity, concentration of 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 total population; or
Pose a substantial present or potential hazard to human health or the
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 (P.L. 1987, No. 394), known as "The Clean
Streams Law."
Any garbage, refuse, industrial lunchroom or office waste and other
material, including solid, liquid, semisolid or contained gaseous material
resulting from operation of residential, municipal, commercial, or institutional
establishments and from community activities and any sludge not meeting the
definition of residual or hazardous waste hereunder from a municipal, commercial,
or institutional water supply treatment plant, wastewater treatment plant,
or air pollution control facility.
The Township of Shirley, and its agencies.
Any condition, structure, or improvement which shall constitute a
threat to the health, safety, or welfare of the citizens of the municipality.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties. In 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.
All municipal waste except garbage and other decomposable matter.
This category includes but is not limited to ashes, bedding, cardboard, cans,
crockery, glass, paper, wood and yard cleanings.
Any garbage, refuse, other discarded material or other waste, including
solid, liquid, semisolid, or contained gaseous materials resulting from industrial,
mining and agricultural operations and any sludge from an industrial, mining
and agricultural water supply treatment facility or air pollution control
facility, provided that it is not hazardous. The term "residual waste" shall
not include coal refuse as defined in the Coal Refuse Disposal Control Act.
"Residual waste" shall not include treatment sludges from coal mine drainage
treatment plants, disposal of which is being carried on pursuant and in compliance
with a valid permit issued pursuant to the Clean Streams Law.
B.
In this article, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
A.
No person may haul, collect, or remove municipal waste
other than his own within the municipality without having a valid license
to do so from the Authority.
B.
Applications shall be granted provided the applicant
is found to meet the requirements of this article, 25 Pa Code Section 75.29,
the Solid Waste Management Act of 1980 (Act 97),[1] and the applicant executes an agreement with the Authority under
which he agrees to comply with the provisions of this article and the rules
and the regulations promulgated hereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
Collection.
(1)
All municipal waste within the municipality upon collection
by the hauler will be deemed to be the property of the hauler until delivered
to a disposal facility designated by the Authority.
(2)
Residential collections shall be made at least once every
week.
(3)
Collections from commercial establishments must be made
once every week, and shall be made more often if necessary to control health
hazards, flies, odors, and unsightly appearances.
(4)
No vehicle used in collecting, transporting, disposing
or removing municipal waste shall scatter any of the contents on the streets,
highways, alleys, or private property within the municipality. Vehicles used
to haul municipal waste must be maintained in a clean and sanitary condition
and shall meet all the requirements of the municipality and the Department
of Environmental Protection. Any deficiency must be corrected promptly by
the hauler. The hauler shall maintain his equipment in such a condition as
to be able to maintain the collection schedule.
(5)
Trucks and other vehicles used by licensed haulers for
collecting, transporting, disposing, or removing any municipal waste shall
meet the following requirements:
(a)
Packers. All municipal waste shall be enclosed within
the confines of the cargo area, which area shall be watertight.
(b)
Dump trucks. If constructed with completely metal beds
and lacking additional wooden side boards, such trucks shall be covered with
a waterproof tarp.
(c)
Dump trucks or pickup trucks on which additional wooden
side boards have been installed shall not have the side boards extending above
the legal height and shall be covered with a waterproof tarp.
(d)
Passenger vehicles used for transporting municipal waste
shall keep the waste within the confines of the vehicle at all times. Access
in the vehicle to the cargo area shall be kept closed at all times, without
the use of additional aids such as ropes, tie-downs, and other similar mechanisms.
(e)
All tarps as required in this section shall be secured
on all four sides at all times, except during actual loading and unloading.
(f)
None of the above subsections shall hinder the separate
collection of recyclable materials in special bins, racks, etc., so long as
the materials are not allowed to scatter or create a nuisance.
B.
All municipal waste collected as aforesaid shall be delivered
exclusively to a facility as may be designated in writing by the Authority
for processing and ultimate disposal as determined by the Authority. Haulers
shall take only municipal waste to the facility designated by the Authority.
No nonconforming waste, including but not limited to hazardous or radioactive
waste, may be brought to the facility designated by the Authority; except
that residual waste may be brought to the facility if the Authority has given
advance written approval.
C.
All vehicles shall be emptied at the designated facility
as often as deemed necessary by the Authority so as to avoid creating a public
nuisance as hereinafter described.
D.
The fees charged to haulers by the operators of the designated
facility shall be added on a pro rata basis to the rates charged by the haulers
to the persons whose municipal waste is being collected and hauled. All haulers
shall remit as often as directed by the Authority to the operator of the designated
facility the charges for waste deposited.
A.
No person shall permit anyone other than a hauler licensed
pursuant to this article to collect or haul municipal waste generated by that
person; except a person may haul his own waste to a designated facility.
B.
Each person within the municipality who employs a licensed
hauler to collect municipal waste shall prepare the waste as follows:
(1)
All waste shall be drained of liquid insofar as practical,
and shall be placed in sanitary sealed containers, and/or cans made of nonabsorbent
material.
(2)
Containers shall not exceed 30 gallons in size; cans
shall be of rust-resistant material and shall be furnished and kept clean
by the customer and shall be replaced by such customer when no longer in satisfactory
condition.
(3)
All refuse which cannot be disposed of in containers
shall be assembled, boxed or bundled separately in such a way that it can
be handled conveniently and will not be disseminated by wind or otherwise,
while awaiting collection.
(4)
All refuse except bulky waste shall be of units which
can be handled by one person and shall be placed in containers or piled and
assembled in such a way as to facilitate collection.
(5)
All containers shall be kept on the customer's property
until the night before scheduled pickup at which time it may be placed on
the edge of the cartway.
Unless they have a currently valid disposal permit from the Department
of Environmental Protection, no person, firm, or corporation shall use or
permit to be used any spot or place within the municipality as a disposal
site for municipal waste material.
A.
No person shall accumulate or permit to accumulate municipal
waste materials upon private property in the municipality except in such limited
quantities and for such limited periods of time as shall insure that no annoyance,
nuisance, health or fire hazard shall be created thereby, and any unauthorized
accumulation of municipal waste on any premises is hereby declared to be a
nuisance and is prohibited.
B.
Disposal of construction and demolition waste shall be
in conformance with the rules and regulations of the Department of Environmental
Protection. Composting shall be permitted to the extent authorized by the
regulations of the Department of Environmental Protection.
Any violation or failure to comply with any of the provisions of this
article, or the rules and regulations promulgated pursuant to this article,
is hereby declared to be a public nuisance which may be abated by either the
municipality or the Authority. All costs incurred by either the municipality
or the Authority in abating a nuisance may be recovered from the responsible
party. Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial District
Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000, plus costs
of prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated shall
also constitute a separate offense. The municipality and the Authority, jointly
and separately, are authorized to enforce this article and to obtain injunctive
relief mandating compliance with the requirements of this article and the
regulations promulgated pursuant thereto.
All monies collected pertaining to this article, either by fees or fines,
shall be remitted to the Authority for use in implementing the Official Solid
Waste Plan applicable to the county of which the municipality is a part.
The Authority is hereby authorized to promulgate rules and regulations
and to issue forms and set fee schedules as necessary to implement this article.
Actions taken pursuant to this article are subject to the Local Agency
Act[1] to the extent required by law.
[1]
Editor's Note: See 2 Pa.C.S.A. § 101 et seq.
Both the municipality and the Authority are authorized to conduct inspections,
issue citations and notices, and to take all other necessary and appropriate
action to enforce this article.
