[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)]
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.