[HISTORY: Adopted by the Board of Supervisors of the Township of Germany as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-3-1985 by Ord. No. 16]
This article shall be known and may be cited as the "Germany Township Landfill Ordinance."
This article sets forth Township requirements for the disposal of refuse, as herein defined, and the licensing and regulating of sanitary landfills, which requirements are in addition to those set forth by the Pennsylvania legislature in the Solid Waste Management Act of 1980, amendments thereto and rules and regulations promulgated pursuant thereto. Nothing herein is intended to avoid compliance with said Act, rules or regulations. It is noted by the Township herein that issues, including, but not limited to, applications for permits, licenses, revocation of permits or licenses, payments for permits or licenses, and times in which landfills may operate are proper subjects set forth and enforced by the Commonwealth of Pennsylvania and its agents under the Solid Waste Management Act of 1980. Since the Solid Waste Management Act and its rules and regulations would preempt the mention of any discussion of the above-related issues, all persons affected by the provisions of this article would also be subject to all the rules and regulations as set forth in the Solid Waste Management Act, Act 97 of 1980, 35 P.S. 6018.101 et seq.
As used in this article, the following terms shall have the meanings indicated:
BOARD OF SUPERVISORS
The Board of Supervisors of Germany Township, Adams County, Pennsylvania, their designated agents and/or employees.
PERSON
Any individual or individuals, partnership, firm, corporation, or association, including the partners, officers and directors thereof.
REFUSE
Any garbage, waste, trash, rubbish, or discarded materials, including, but not limited to, solid, semisolid or contained gaseous materials resulting from municipal, industrial, commercial, agricultural and/or residential activities.
SANITARY LANDFILL
Any land site on which engineering principles are utilized to dump, bury, store or treat deposits of refuse, garbage and other discarded materials without creating public health or safety hazards, nuisances, pollution or environmental degradation.
No person shall hereafter accumulate or permit to be accumulated upon land owned or occupied by him, or upon lands owned or occupied by another party:
A. 
Waste, garbage, decaying matter or organic waste substance of any kind for a period in excess of one week; provided, however, that the provisions of this section shall not apply to agricultural waste produced in the course of normal farming operations nor the use of food processing wastes in the course of normal farming operations nor the wastes used in organic farming or gardening. Such accumulation shall be in metal or plastic containers on which there shall be a tight-fitting lid. At the expiration of said one week, any such accumulation shall be disposed of as hereinafter provided. Provided, however, that at the expiration of said one-week period, such accumulation may be disposed of by burial by the person accumulating the same on the said land owned or occupied by him, such burial to be of a depth of at least 24 inches below the surface and not closer than 500 feet from any public road or adjoining property line. Any person engaging in accumulation and burial of waste, garbage, decaying matter and organic waste substance as described above shall prevent said waste from blowing, leaking, seeping or otherwise escaping from said burial site onto any other private or public road or property in Germany Township and no such waste, garbage, decaying matter and organic substance shall remain uncovered overnight.
B. 
Refuse other than that described in Subsection A, including, but not limited to, inert materials such as tin and aluminum cans, other metal items, glass, rubber, and plastics, for a period in excess of one month; provided, however, that the provisions of this section shall not apply to such refuse which is collected for recycling, provided that such refuse does not accumulate for longer than three consecutive months. Such accumulation shall be in metal or plastic containers on which there shall be a tight-fitting lid. At the expiration of said one month, any such accumulation shall be disposed of as hereinafter provided or as provided in Chapter 104, Junkyards and Junk Dealers, of the Code of the Township of Germany.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
A daily register shall be kept by the licensee of all persons who deposit refuse at said landfill. Said register shall set forth: the full name(s) and address(es) of all persons who deposit refuse at said landfill; the type and quantity of refuse being brought to the landfill by each depositor; the place of origin of said refuse (NOTE: no out-of-state refuse); the license number of any vehicle involved in transporting said refuse to the landfill; the date and time when said refuse was brought to and accepted at the landfill. The daily register required hereby shall be available for inspection by the Board of Supervisors or its duly authorized representative at all times when the landfill is open and/or operating.
B. 
No dumping, depositing, storage or treatment of refuse shall take place within 500 feet of any public road or any property line of the landfill. Reasonable visual screening shall be provided as from time to time required by the Board of Supervisors.
C. 
The licensee shall be responsible for and shall remove and clean any refuse spilled upon any public or private road or property within Germany Township from any vehicle transporting said refuse over said roads to the landfill and shall have available at all times the necessary equipment and personnel for removing and cleaning such a spill.
D. 
The licensee shall immediately report to the Board of Supervisors, as soon as it becomes aware thereof, any leaking, seeping or escaping of refuse or contaminants therefrom, into underground or surface waters, or the spilling of any refuse onto any public or private road or property in Germany Township. The licensee shall also immediately report to the Board of Supervisors, as soon as it becomes aware thereof, any contamination of the on-site groundwater monitoring wells required by the Department of Environmental Protection. Further, it shall immediately report to the Board of Supervisors, as soon as it becomes aware thereof, any contamination of wells or other water sources within a one-mile radius of the landfill.
E. 
The licensee shall provide copies of all reports and documents submitted to the Pennsylvania Department of Environmental Protection and/or the Environmental Protection Agency and shall also provide the Board of Supervisors with the results of any and all tests and analyses required by said agencies within 24 hours of their submission to said agencies.
F. 
The licensee shall notify the Board of Supervisors at least 24 hours prior to the testing of any on-site monitoring well by the licensee, an independent testing laboratory or engineering firm, or representative of the Department of Environmental Protection or the Environmental Protection Agency in order that a representative of the Board of Supervisors can be present at such testing. Copies of all laboratory reports and analyses resulting from said testing shall be submitted to the Board of Supervisors by the licensee within 24 hours of the licensee's receipt thereof.
No person shall operate or permit to be operated any vehicle carrying refuse within Germany Township unless such vehicle is secured so that no refuse leaks, spills or blows from said vehicle onto any public or private road or property.
The licensee shall carry an insurance policy providing complete third-party comprehensive liability and property damage insurance, covering not only the licensee, but also the Township of Germany, the limits of which shall not be less than $300,000 – $500,000 personal liability, and $100,000 property damage, and shall furnish the proper certificates of insurance coverage to the Township of Germany.
Workman's Compensation and Social Security Acts as amended are deemed a part of this article. The licensee shall be obliged to provide workman's compensation coverage and shall fulfill the terms and save harmless the Township of Germany, and all its officers, agents and employees, successors and assigns, jointly and severally, of and from all manner of losses, suits, actions, payments, costs, charges, damages, judgments or claims or demands of any character, name or description brought on account of any injuries or damages received or sustained by any person, persons or property by reason of any act, omission, negligence or misconduct of the said licensee, his agent or employees in the execution of the licensed conditions.
A. 
Any person who violates any of the provisions of this article shall, upon conviction thereof before any Magisterial District Judge of the Township in a summary proceeding, and in addition to any other charges or penalties imposed hereby, pay a fine of not less than $100 nor more than $300 and the costs of prosecution and in default in the payment thereof, shall undergo imprisonment in the Adams County Prison for not more than 30 days; provided, however, that for any violation for which the penalty or the term of imprisonment in default of payment thereof is specifically proscribed in any laws of the Commonwealth of Pennsylvania, or is specifically limited by law to a maximum amount or term less than the amount or term above stated, as the case may be, the provisions of the state law shall be controlling.
B. 
Each single violation of a specific provision hereby shall constitute a separate offense hereunder and shall be punishable as such. Each day that any violation exists or continues shall be deemed a separate offense and shall be punishable as such.