[HISTORY: Adopted by the Board of Supervisors of the Township
of Derry as indicated in article histories. Amendments noted where
applicable.]
[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:
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, and theaters.
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.
Any site, facility, location, area, or premises to be used
for the disposal of municipal waste.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, and the like.
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
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.
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.
The Township of Derry, Mifflin County, Pennsylvania, a Second
Class Township located in the County of Mifflin, Commonwealth of Pennsylvania.
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.
The owner occupying any part of the premises or a tenant
or renter of such premises or any part thereof.
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.
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.
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.
The collective term applying to all garbage, rubbish, ashes,
leaves, and grass trimmings from residential, municipal, commercial,
or institutional premises.
At least three or more times per month.
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.
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.
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.
A.Â
General. It shall be the duty of every owner of property and every
person occupying any dwelling unit, premises or place of business
within the municipality where municipal waste is produced and is accumulated,
by his own expense and cost to provide and keep at all times, a sufficient
number of containers to hold all municipal waste which may accumulate
during the intervals between collection of such municipal waste by
a legal hauler.
B.Â
Storage on residential properties.
(1)Â
Containers. All municipal waste accumulated by owners of each residential
property and/or the occupants of residential properties shall be placed
in containers for collection by a legal hauler. The containers shall
be durable, watertight, and made of metal or plastic. Securely tied
plastic bags may be used in cases where such bags can be used without
being torn open by domestic or wild animals. The size of each such
container shall not exceed a thirty-two-gallon capacity. However,
large containers designed for use with special hoisting equipment
may be used if the collector serving the residence uses collection
vehicles with special hoisting equipment.
(2)Â
Location of containers. Each municipal waste container shall be located
or shall be placed on the day of collection so as to be accessible
to the collector at ground level and at a point on the curbline of
the street, or within no less than 10 feet of the public street or
alley from which collection from a vehicle can be made pursuant to
a previously announced route of collection, notification of which
has been given by the collector. Failure to place containers at such
locations may result in discontinuance of service.
C.Â
Storage on commercial, institutional and industrial properties.
(1)Â
Containers. Storage of municipal waste on commercial, institutional
and industrial properties shall be done in the same type of containers
as are required for residential properties except that containers
larger than 32 gallons may be used, where needed, to accommodate larger
volumes of municipal waste. Such containers shall be kept in good
working order.
(2)Â
Location of containers. Containers for collection at commercial,
institutional and industrial properties shall be located on such premises
at a place which shall not interfere with public or private sidewalks,
driveways, roads, streets, highways or entrances and exits of public
or private buildings.
A.Â
Removal by legal haulers. Every owner in the municipality shall contract with an individual,
entity or firm which is a legal hauler to have all the municipal waste
generated on the premises by any of the occupants of the premises
removed and deposited in a PA DEP (Pennsylvania Department of Environmental
Protection) permitted facility on a regular basis. As used herein,
the term "regular" is to be interpreted as at least three times every
month.
B.Â
Proof of contract required. Whenever requested by the municipality,
the owner of any real estate within the municipality shall present
proof adequate in the judgment of the designee or agent of the municipality
that the owner of said real estate has a current contract with a legal
hauler to dispose of municipal waste generated on the premises on
a regular basis. The owner of the premises shall have 72 hours to
provide proof to the municipality that he has a current contract with
a legal hauler to provide sufficient service to satisfy the terms
and conditions of this article.
C.Â
Duties of haulers. Any hauler picking up municipal waste in the municipality
is to advise the municipality, in writing, within 72 hours after request
from the municipality as to whether an owner has a current contract
for municipal waste disposal from his premises within the municipality.
Furthermore, all legal haulers shall cooperate with the municipality
or its designee in providing information in the event that an action
is instituted to enforce the terms and conditions of this subsection.
D.Â
Self-hauling. In no case shall residents of the municipality be restricted
from delivering or hauling their own municipal waste to a PA DEP (Pennsylvania
Department of Environmental Protection) permitted facility.
A.Â
Prevention of spillage. Any person transporting solid waste within
the municipality shall prevent or remedy any spillage from vehicles
or containers used in the transport of such solid waste.
B.Â
Exclusions.
(1)Â
Individuals not engaged in collection. Nothing contained herein shall
be deemed to prohibit any residential property occupant not regularly
engaged in the business of collecting municipal waste from hauling
his own municipal waste on an irregular and unscheduled basis to a
state-permitted disposal facility.
(2)Â
Farming activities. Nothing contained herein shall prohibit a farmer
from carrying out the normal activities of his farming operation,
including composting and spreading of manure or other farm-produced
agricultural waste.
(3)Â
Hazardous and residual waste. The provisions of this article do not
apply to anything but the storage, collection, transportation, and
disposal of municipal waste and do not apply, therefore, to hazardous
or residual waste as defined by the Pennsylvania Solid Waste Management
Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
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.
