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,
it 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 a 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 fowl, 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
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. The term shall include ashes,
garbage, rubbish and other refuse materials but shall 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. To 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. To cooperate with other local units of government
in close proximity and with appropriate private organizations in carrying
out its duties under this article.
C. To 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. To 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.
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 §
70-20D(2).
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 §
70-21, 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 that 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 that 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 4-3-1973 by Ord. No. 95]
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.