[Adopted 7-21-2008 by Ord. No. 215]
Definitions as used herein shall have the meanings as set forth below:
EXTERIOR PROPERTY
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
LICENSED HAULER
Any owner of a waste transportation vehicle licensed under Pennsylvania Act 90, or by Washington Township.
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid, or contained gaseous material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definition of residual or hazardous waste under this section from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
ORDINANCE 125
Washington Township Municipal Recycling Ordinance.[1]
ORDINANCE 187
Washington Township Curbside Leaf and Brush Recycling Ordinance.[2]
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in real estate in Washington Township or otherwise having control of the property, including the guardian of an estate of such person and the executor or administrator of the estate of such person.
PERSON
An individual, corporation, partnership or other group acting as a unit.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
RECYCLING CENTER
The Washington Township Recycling Center located at 12725 Buchanan Trail East, Waynesboro, PA 17268.
TENANT
A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TRANSFER STATION
The Washington Township Transfer Station located at 12721 Buchanan Trail East, Waynesboro, PA 17268.
YARD
An open space on the same lot with a structure.
[1]
Editor's Note: See Article I of this chapter.
[2]
Editor's Note: See Article II of this chapter.
The occupants of a structure shall dispose of all municipal waste in a clean and sanitary manner by placing such municipal waste in approved containers provided by the haulers or disposing of the municipal waste at the transfer station or recycling center.
The owner of every dwelling shall supply approved leakproof, covered, outside garbage containers for multifamily buildings of sufficient number so that all garbage and refuse of all of the occupants of the premises can dispose of their municipal waste in a garbage container and so that no municipal waste is stored by any occupant of the premises outside of a garbage container at any time, or utilize the container provided by the hauler. Nothing in this section shall prohibit individual property owners or renters from using plastic garbage bags to dispose of the municipal waste at the transfer station and/or recycling center.
The owner of any premises with outside storage of municipal waste shall provide at all times approved leakproof containers with close-fitting covers for the storage of municipal waste until such time as the municipal waste is removed from the premises for disposal.
Every owner in Washington Township shall contract with an individual, entity or firm which is a licensed hauler by the Commonwealth of Pennsylvania or Washington Township to have all the municipal waste generated on the premises by any of the occupants of the premises removed and deposited in a permitted landfill on a weekly basis or more often, or dispose of their municipal waste at the transfer station and/or recycling center.
Whenever requested by Washington Township, the owner of any real estate within Washington Township shall present proof adequate in the judgement of the Washington Township designee that the owner of said real estate has a current contract with a licensed hauler to dispose of municipal waste generated on the premises on a weekly basis or more often or a receipt from the transfer station. The owner of the premises shall have 72 hours to provide proof to the Washington Township designee that he has a current contract with a licensed hauler to provide sufficient service to satisfy the terms and conditions of this article or provide a receipt from the transfer station.
Any hauler picking up municipal waste in Washington Township shall be required to advise Washington Township in writing within 72 hours after request from Washington Township as to whether an owner has a current contract for municipal waste disposal from his premises within Washington Township. Furthermore, all licensed haulers shall cooperate with the Washington Township designee in providing information in the event that an action is instituted to enforce the terms and conditions of this article.
Notwithstanding the terms of this article, compost piles kept by occupants or tenants of a structure for the purpose of composting material generated on that property only, shall not violate the terms and conditions of this article, provided that the materials in the compost piles do not generate any offensive odors and provided further that said compost piles are secure so that animals do not spread the materials from the compost piles around the premises.
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 minimum fine to be imposed is $50 per day or portion thereof for a first offense; $100 per day or portion thereof for a second offense and $500 per day or portion thereof for each subsequent offense. The Magisterial District Judge may impose a fine of more than the minimum amounts set forth above.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).