[Adopted 6-9-1986 by Ord. No. 3-1986 (Ch. 20, Part 1, of
the 1998 Code of Ordinances)]
This article shall be known as the "Potter 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. Unless the context indicates otherwise,
the masculine shall include the feminine and neuter, and the singular
shall include the plural.
APPLICANT
A person applying for authorization as a collector.
COLLECTOR
A person authorized by Potter Township to collect, transport
and dispose of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, theaters and the like.
DISPOSAL
The incineration, deposition, injection, dumping, spilling,
leaking or placing of municipal waste into or onto the land or water
in any manner such that the waste or a constituent of the waste enters
the environment, is emitted into the air, or is discharged into the
water of the commonwealth.
DISPOSAL SITE
Any site, facility, location, area or premises to be used
for the disposal of municipal wastes.
GARBAGE
All animal and vegetable waste attending or resulting from
the handling, dealing, storing, preparation, cooking and consumption
of foods, whether for an individual or group, private or commercial.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged primarily in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries and the like.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged primarily in service to persons,
including, but not limited to, hospitals, nursing homes, orphanages,
schools and universities.
MANAGEMENT
The entire process or any part thereof of storage, collection,
transportation, processing, treatment and disposal of municipal wastes
by any person engaging in such process.
MUNICIPAL WASTE
Any 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, industrial and institutional establishments and from community
activities and any sludge not meeting the definition of residual or
hazardous waste from a municipal, commercial, industrial or institutional
water supply treatment plant, wastewater treatment plant or air-pollution-control
facility. (Pennsylvania Solid Waste Management Act 97, Section 103.)
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government institution
or agency, state government institution or agency or any other legal
entity whatsoever which is recognized by law as being subject to the
rights and duties of an individual and subject to this article.
PROCESSING
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert all or
part of such waste material for off-site reuse. Processing facilities
shall include, but not be limited to, transfer facilities, composting
facilities, incinerators, recycling facilities and resource-recovery
facilities.
REFUSE
The collective term applying to all garbage, rubbish, ashes,
leaves, branches, grass and trimmings from residential, municipal,
commercial, institutional or industrial 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, contained
gaseous materials. (Pennsylvania Solid Waste Management Act 97, Section 103.)
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 for
a time period in excess of one year constitutes disposal.
TOWNSHIP
The Township of Potter, County of Centre, Commonwealth of
Pennsylvania.
TRANSPORTATION
The off-site removal of any municipal waste generated or
present at any time from the Township.
Only those persons duly authorized and licensed as required
by state law shall be permitted to collect and transport solid waste
or operate as haulers within the Township.
Any person transporting solid waste within the Township shall
prevent spillage from vehicles or containers used in the transport
of such solid waste. Should spillage occur, the person shall remedy
and clean up the same promptly. Failure to do so shall be considered
a violation of this article.
[Amended 8-12-1996 by Ord. No. 3-1996; 3-16-1998 by Ord. No. 2-1998]
A. Penalties. Any person, firm or corporation who shall violate any
provision of this article, upon conviction thereof in an action brought
before a Magisterial District Judge in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
B. Additional remedies; cleanup. In addition to the foregoing penalty,
the Township 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 within 10 days following written notice, the Township
may cause such solid waste to be collected and disposed of with all
the costs of such actions to be charged to the owner or occupant of
the property in the manner provided by law.
C. All other remedies reserved. The Township further reserves the right
to bring such actions, in law or equity, against the collector, the
property owner or occupant as are provided for by law, in addition
to all other remedies hereunder.
[Amended 3-16-1998 by Ord. No. 2-1998]
Subordinate to other laws. This article shall be subject to
all applicable federal, state and local laws, ordinances, rules and
regulations, including the rules and regulations of the Department
of Environmental Protection of the Commonwealth of Pennsylvania.