[Ordinance 284, passed May 20, 1991, entitled
the "Municipal Waste Flow Ordinance," authorized the Township to direct
the flow of all acceptable waste generated within its jurisdiction
to the Northern County System. Copies of such ordinance may be obtained,
at cost, from the Township Secretary.]
STATUTORY REFERENCES
Ashes, garbage, rubbish and other refuse materials — See
53 P.S. § 67101.
Scattering rubbish — See 18
Pa. C.S.A. § 6501.
GENERAL REFERENCES
Fee for removal — See Ch. 208, Section 208.02(c).
Storage of solid waste — See Ch. 1268, Section 1268.08(e); Ch. 1272, Section 1272.08(e); Ch. 1274, Section 1274.08(e); Ch. 1276, Section 1276.08(e); and Ch. 1278, Section 1278.08(e).
[Ord. 222. Passed 11-21-1985]
This chapter shall be known as the "Township
Solid Waste Management Ordinance."
[Ord. 222. Passed 11-21-1985]
As used in this chapter:
(a)
"Act" means the Solid Waste Management Act, Act of
July 7, 1980, 380, No. 97, as amended, 35 P.S. Sees. 6018.101 et seq.
(b)
"Bulky waste" means large items of refuse including,
but not limited to, appliances, furniture, large auto parts, trees,
branches and stumps which cannot be handled by normal solid waste
processing, collection or disposal methods.
(c)
"Collector" means any person collecting or transporting
Municipal waste for owners or occupants of property in the Municipality,
including the Municipality itself, if it undertakes the collection
of Municipal waste, and any business or institution within the Municipality
which generates sufficient Municipal waste to require disposal directly
by its employees and equipment. "Collector" does not include individuals
who collect Municipal waste for the purpose of recycling the same
and re-using the waste, or the collection of bulky waste.
(d)
"Contractor" means the contractor with whom the Municipality
or its designee contracts for the disposal of Municipal waste.
(e)
"Disposal" means incineration, disposition, injection,
dumping, spilling, leaking or placing waste into or on the land or
water in such a manner that the waste or a constituent of the waste
enters the environment, is emitted into the air or is discharged into
the waters of the Municipality.
(f)
"Facility" means the site where Municipal waste is
disposed of, as designated by the Municipality or by the proposed
contractor, including all associated property and equipment.
(g)
"Garbage" means the animal or vegetable refuse from
the storage, vending, sale, preparation or use of foodstuffs, such
as meats, fish, fruits or vegetables or other domestic refuse.
(h)
"Hazardous waste" means any garbage, refuse or sludge
from an industrial or other waste 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 from community activities
or any combination of the above, but not including solid or dissolved
materials, domestic sewage or solid or dissolved material in irrigation
return flows or industrial discharges which are point sources subject
to permits under Section 402 of the Federal Water Pollution Control
Act (86 Stat. 880), as amended, or source special nuclear or by-product
material as defined by the U.S. Atomic Energy Act of 1954 (68 Stat.
923), as amended, which because of its economy, concentration or physical,
chemical or infectious characteristics may:
(1)
Cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
the total population; or
(2)
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
(i)
"Industrial establishment" means any establishment
engaged in manufacturing or processing, including, but not limited
to, factories, foundries, mills, processing plants, refineries, mines
and slaughterhouses. "Institutional establishment" means any establishment
engaged in servicing, including, but not limited to, hospitals, nursing
homes, orphanages, schools and universities.
(j)
"Management" means the entire process, or any part
thereof, of storage, collection, transportation, processing, treatment
and disposal of solid waste by any person engaging in such process.
(1)
"Municipal waste" means any garbage, refuse,
industrial lunch room or office waste or other material, including
solid, liquid, semisolid or contained gaseous material resulting from
operations of residential, Municipal, commercial or institutional
establishments and from community activities and including any sludge
not meeting the definition of "residual waste" or "hazardous waste"
under this section for Municipal, commercial or institutional water
supply treatment plants, wastewater treatment plants or air pollution
control facilities.
(k)
"Permit" means the issuance to any collector for the,
right to manage Municipal waste within the Municipality.
(l)
"Permittee" means anyone issued a permit by the Municipality
under this chapter.
(m)
"Person" means any individual, partnership, corporation,
association, institution, cooperative enterprise, the Federal government
or any agency thereof, State institution agencies (including, but
not limited to, the Department of General Services and State Public
School Buildings Authority) or any other legal entity whatsoever which
is recognized by law as a subject of rights and duties. For any provision
of this chapter prescribing a fine, imprisonment or penalty, or any
combination thereof, "person" includes the officers and directors
of any corporation or of any other legal entity that has officers
and directors.
(n)
"Processing" means any technology used for the purpose
of reducing the volume or bulk of waste or converting or separating
waste for off-site re-use. Processing facilities include, but are
not limited to, transfer, composting and resource recovery facilities.
(o)
"Refuse" means all material which is discarded as
useless.
(p)
"Residual waste" means any garbage or other discarded
material or other waste, including solid, liquid, semisolid or contained
gaseous materials resulting from industrial or agricultural operations
and including any sludge from any industrial or agricultural water
supply treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous waste.
(q)
"Sanitary landfill" means a land site on which engineering
principles are utilized to bury deposits of solid waste without creating
public health or safety hazards, nuisances, pollution or environmental
degradation.
(r)
"Solid waste" means any waste, including, but not
limited to, Municipal, residual or hazardous waste, and including
solid, liquid, semisolid or contained gaseous materials.
[Ord. 222. Passed 11-21-1985]
Title 25 of the Pennsylvania Code, known as
the Rules and Regulations of the Department of Environmental Resources,
Subpart C, entitled Protection of Natural Resources, Article I, Land
Resources, Chapter 75, Solid Waste Management Rules and Regulations,
adopted August 1, 1971, and all amendments thereto, are hereby adopted
as the controlling rules and regulations regarding all Municipal solid
waste activities within the Municipality. In the event of a conflict
between such Rules and Regulations and any of the provisions of this
chapter, the Rules and Regulations shall take precedence.
[Ord. 222. Passed 11-21-1985]
Nothing in this chapter shall prohibit the Municipality
from becoming a collector for the purpose of this chapter.
[Ord. 222. Passed 11-21-1985]
(a)
No person shall act as a collector in the Municipality
without first obtaining a permit therefor from the Municipality. The
fee for such permit shall be established, from time to time, by the
Board of Supervisors.
(b)
The Municipality shall issue duplicate permits for
each vehicle named on the permit application. Permits shall be valid
from February 1 to January 31 of each calendar year or the remaining
portion of the year until the following January 31. Each permit shall
be permanently affixed to both sides of the cab of each vehicle, in
full view. Any permit which is excessively maimed, defaced or otherwise
rendered unidentifiable shall be declared void, in which case a new
permit must be applied for.
(c)
No permittee shall transfer, assign or in any way
alter a permit, except with the written approval of the Municipality.
[Ord. 222. Passed 11-21-1985]
(a)
Pursuant to the authority vested by Section 202 of
the Pennsylvania Solid Waste Management Act of 1980, Act 97, any person
collecting municipal waste in the Municipality from any residential,
commercial or industrial generator thereof shall annually, on or before
January 30, submit information to the Municipality listing the type
of waste collected, the quantity and manner of transportation thereof
and the manner, location and ultimate disposal thereof, including,
but not limited to, any processing, transfer or temporary storage
thereof, in the interim. Such information shall be supplied for the
prior calendar year, and there shall also be an estimate of the same
information for the current calendar year. The collector shall notify
the Municipality, in writing, of any change of disposal site or type
of waste within ten days of the change. Submission of such information
shall be upon a form established by regulations adopted by a resolution
of the Municipality. No person may engage in collection of Municipal
waste in the Municipality without providing all such information as
required.
(b)
A collector shall be responsible for receiving Municipal
waste from properties in the Municipality pursuant to contracts between
him or her and the owners or occupants of the properties. All collectors
shall dispose of all Municipal waste at the facility designated by
the Municipality in compliance with such reasonable rules and regulations
for operation of the facility as may be established by the facility.
Disposal at any other place shall be a violation of this chapter and
cause for revocation of the collector's permit, except in special
circumstances approved in advance by the facility. Such approval must
be for disposal at an approved facility in accordance with the rules
and regulations of the Department of Environmental Resources. The
operations of all collectors shall comply with regulations of the
Municipality and with all applicable laws. Violation of such regulations
or laws shall be cause for the revocation of the collector's permit
upon such notice as the Municipality may determine to be reasonable.
(c)
Before any permit is granted, an applicant shall produce
a certificate of insurance showing that the insurance provided for
in this subsection is carried in the specified amounts and has been
obtained from a reputable company, satisfactory to the Municipality,
or shall file a self-insurance certificate as issued by the Department
of Labor and Industry and the Department of Revenue of the Commonwealth.
Such certificates shall specify that the contractual liability required
under this chapter is covered and that the coverage will not be cancelled
or changed without thirty days prior notice to the Municipality. The
following insurance shall be carried and maintained by collectors:
(1)
Worker's compensation insurance for all employees;
(2)
Automobile liability insurance in the amount
of one million dollars ($1,000,000), combined single limit bodily
injury and property damage; and
(3)
General liability insurance in the amount of
one million dollars ($1,000,000) bodily injury and one million dollars
($1,000,000) property damage.
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The applicant hereby agrees to indemnify and
save harmless the Municipality against any and all liability, demands,
actions or damages, claims, costs or expense which the Municipality
may hereafter incur, suffer or be required to pay by reason of or
arising out of any work done or action taken under either the application
or the license.
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[Ord. 222. Passed 11-21-1985]
All vehicles used for collection and transportation
of Municipal waste shall comply with all safety regulations of the
Commonwealth. All vehicles used for collection of Municipal waste
and garbage shall be equipped with a closed body and shall be watertight
and approved by the Municipality. Open type vehicles may be used for
bulky waste. Such vehicles shall not be overfilled so as to cause
the waste to be spilled therefrom, shall be cleaned at such intervals
as necessary to prevent a nuisance from odors and shall be kept in
good repair and order. Any waste that may be spilled in transit in
the course of collection shall be promptly and completely cleaned
up by the collector.
[Ord. 222. Passed 11-21-1985]
The collector's name and address as well as
the tare weight of the collection vehicle shall be painted on both
sides of the vehicle in letters not less than three inches high. Where
rolloffs are used, the tare weight of both the truck and the container
shall appear on the truck and the rolloff container.
[Ord. 222. Passed 11-21-1985]
Municipal waste shall be collected at least
once a week as the contractual arrangement between the homeowner,
householder or lessee and the collector may provide. Times of collection
shall be set by resolution. Municipal waste containers shall, for
the purpose of collection, be placed at ground level and shall be
readily accessible to the collector.
[Ord. 222. Passed 11-21-1985]
The following standards shall be adhered to
in the preparation or storage of garbage:
(a)
Preparation. Not more water shall be permitted in
garbage than has naturally accumulated from table refuse.
(b)
Storage.
(1)
The occupants of dwellings, apartments or other
residential units and the owners or lessees of other places where
garbage or refuse is produced shall provide and maintain containers,
as specified in paragraphs (b)(3) and (4) hereof, for the storage
of all garbage accumulated on the premises. A sufficient number of
such containers shall be maintained for each premises of an aggregate
capacity as is sufficient for normal needs between the intervals of
collection.
(2)
The Municipality may by resolution make additional
rules and regulations concerning garbage preparation and storage practices.
(3)
Containers shall be made of non-water absorbent
material and shall be equipped with lids of nonabsorbent material.
Such containers shall be watertight and prevent the entry of flies,
and shall be kept in good repair at all times.
(4)
No person shall permit the accumulation of residue
of liquids or solids or accommodation of such materials on the bottom
or sides of garbage containers. The interior of containers shall be
kept clean by thoroughly rinsing and draining as often as necessary.
(5)
No person shall accumulate garbage longer than
seven days. No person shall place garbage at a curbside or pick-up
point sooner than twenty-four hours before the scheduled collection
time.
(6)
No person shall deposit or permit the deposit
of garbage on the ground, on the public streets or alleys or in any
body of water in the Municipality.
[Ord. 222. Passed 11-21-1985]
No person shall be permitted to submit for treatment
any Municipal waste at the designated plant or treatment site from
any vehicle regardless of whether a permit has been issued for such
vehicle, unless such waste has been collected from within the boundaries
of the Municiplity or a municipality cooperating with the Municipality
in the North Penn Area Solid Waste Inter-Govemmental Cooperation Agreement
for the purpose of disposal of waste. The Municipal waste must then
be brought to the designated facility in the vehicle in which it was
originally collected.
[Ord. 222. Passed 11-21-1985]
The removal of wearing apparel, bedding or other
refuse from homes or other places where highly infectious or contagious
diseases have prevailed should be performed under the supervision
and direction of the County Health Officer. No person shall place
such refuse in containers for regular collections.
[Ord. 222. Passed 11-21-1985]
No person shall use or permit to be used any
property owned or occupied by him or her within the Municipality as
a public or private dump or landfill for Municipal waste, whether
generated within the Municipality or elsewhere.
[Ord. 207. Passed 7-17-1984]
(a)
Purpose. The purpose of this section is to provide
for the removal of items of rubbish not currently being removed by
private trash collection services serving the residents of the Township.
(b)
Definitions. As used in this section, unless otherwise
expressly stated:
(1)
"Rubbish" means any item of trash, rubbish or
other refuse material not currently being removed by private trash
collection services serving the residents of the Township, including
mattresses, appliances, furniture, air conditioners and bundled fencing.
(2)
"Rubbish truckload" means items of rubbish or
collections of rubbish the outside dimensions of which do not exceed
measurements of five and one-half feet in length, three feet in width
and eight feet in height.
(c)
Removal. The Township may remove rubbish belonging
to Township residents. However, the Township reserves the right to
refrain from removing any item of rubbish which, at the discretion
of the Township employees charged with such removal, is unwieldy or
unreasonably heavy or burdensome. Anything herein to the contrary
notwithstanding, the Township shall have no duty to remove tires,
leaves, grass, brush, tree limbs, plaster, concrete, bricks, stones,
paving, glass or any kind of construction materials.
(d)
Fee. Any Township resident who requests the Township
to remove rubbish shall pay to the Township, in advance, a fee as
set forth in Section 208.02(c).
[Ord. 222. Passed 11-21-1985]
The collection of Municipal waste in the Municipality
shall be subject to such further rules and regulations as are passed
by resolution from time to time and promulgated by the Board of Supervisors,
including, but not limited to, regulations of the permit, permit fee
and permit application. However, no such rules or regulations shall
be contrary to this chapter or other applicable law.
[Ord. 222. Passed 11-21-1985]
In addition to the penalty provided for in Section 1082.99, any continued violation of any of the provisions of this chapter which constitutes a nuisance in fact or which, in the opinion of the Board of Trustees, constitutes a nuisance may be abated by a proceeding against the violation in a court of equity or by seeking other relief available to the Municipality, whether in equity or at law.
