[Adopted 1-19-2009 by Ord. No. 2009-2]
This article shall be known as and cited as the "Derry Township
Municipal Solid Waste Ordinance."
The following words and phrases when used in this article shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, and theaters.
DISPOSAL
The incineration, deposition, injection, dumping, spilling,
leaking or placing of municipal waste into or on the land or water
in a manner that the waste or a constituent of the waste enters the
environment, is emitted into the air, or is discharged to the waters
of the Commonwealth of Pennsylvania.
DISPOSAL SITE
Any site, facility, location, area, or premises to be used
for the disposal of municipal waste.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, and the like.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
LEGAL HAULER
Any person engaged in the collection, storage or transportation
of municipal waste who is licensed by the Commonwealth of Pennsylvania
to the extent such is required by law or regulation and otherwise
any person lawfully engaged in the collection, storage or transportation
of municipal waste.
MANAGEMENT
The entire process, or any part thereof, of storage, collection,
transportation, processing, treatment, and disposal of municipal waste
by any person engaging in such process.
MUNICIPALITY
The Township of Derry, Mifflin County, Pennsylvania, a Second
Class Township located in the County of Mifflin, Commonwealth of Pennsylvania.
MUNICIPAL WASTE
Garbage, refuse, industrial, institutional 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
from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air pollution control facility
per the Pennsylvania Solid Waste Management Act 97 of 1980, § 103
(35 P.S. § 6018.103), as amended.
OCCUPANT
The owner occupying any part of the premises or a tenant
or renter of such premises or any part thereof.
OWNER
The legal title holder of the premises within the Township
or any agency or other person employed by him/her/it to manage or
maintain such premises.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, or any legal entity whatsoever
which is recognized by law as being subject to the rights and duties
of a person.
PROCESSING
A technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities,
incinerators, recycling facilities, and resource recovery facilities.
REFUSE
The collective term applying to all garbage, rubbish, ashes,
leaves, and grass trimmings from residential, municipal, commercial,
or institutional premises.
REGULAR
At least three or more times per month.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual,
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials per the Pennsylvania Solid Waste Management Act
97 of 1980, Section 103 (35 P.S. § 6018.103), as amended.
STORAGE
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of one year constitutes disposal.
TRANSPORTATION
The off-site removal of any municipal waste generated or
present at any time from the Township of Derry, said municipality
being located in Mifflin County, Pennsylvania.
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.
In addition to the foregoing penalty, the Township Secretary
or Manager or any other person authorized by the municipality may
require the owner or occupant of a property to remove any accumulation
of solid waste, and should said person fail to remove such solid waste
after 10 days following written notice, it shall constitute a public
nuisance and the Township may cause the solid waste to be collected
and disposed of with the cost and expense for such actions to be charged
to the owner and/or occupant of the property and collected therefrom
in a manner provided by law, including, but not limited to, the entering
of a municipal claim or lien against the land affected as provided
by law.
The imposition of the penalties herein prescribed shall not
preclude the municipality from instituting appropriate actions or
proceedings in equity or otherwise to prevent the violation of this
article, to restrain, correct or abate any such violation, or to prevent
any act, conduct, business or activity constituting a violation.