[Ord. 178, 8/14/2012]
The following terms shall have the following meanings in this Part:
EXTERIOR PROPERTY
The open space on the premises and on adjoining property under the control of owners or operators of such premises.
LICENSED HAULER
Any owner of a waste transportation vehicle licensed under Pennsylvania Act 90.[1]
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 or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in Act 97[2] from a municipal, commercial or institutional waste supply treatment plant, wastewater treatment plan or air pollution control facility. The term does not include source-separated recyclable materials.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in real estate in the Township of Ralpho or otherwise having control of the property, including the guardian of an estate of such person and the executor or administrator of the estate of such person.
PERSON
An individual, corporation, partnership or other group acting as a unit.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
TENANT
A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof of as a unit.
YARD
An open space on the same lot with a structure.
[1]
Editor's Note: The Waste Transportation Safety Act, 27 Pa.C.S.A. § 6201 et seq.
[2]
Editor's Note: The Solid Waste Management Act, 35 P.S. § 6018.101 et seq.
[Ord. 178, 8/14/2012]
The occupants of a structure, including tenants, shall dispose of all municipal waste in a clean and sanitary manner by placing such municipal waste in approved containers.
[Ord. 178, 8/14/2012]
The owner of every dwelling shall supply approved leakproof, covered, outside garbage containers of sufficient number so that all garbage and refuse of all of the occupants of the premises can dispose of their municipal waste in a garbage container and so that no municipal waste is stored by any occupant of the premises outside of a garbage container at any time. The owner may designate this responsibility to a tenant in a written lease signed by the owner and tenant.
[Ord. 178, 8/14/2012]
The occupant of any dwelling shall store municipal waste in the approved leakproof containers with close-fitting covers until such time as the municipal waste is removed from the premises for disposal.
[Ord. 178, 8/14/2012]
Every owner or tenant in Ralpho Township shall contract with an individual, entity or firm which is a licensed hauler by the Commonwealth of Pennsylvania to have all the municipal waste generated on the premises by any of the occupants of the premises removed and deposited in a permitted landfill on a weekly basis or more often. In lieu of a licensed hauler, residents may dispose of municipal waste at a DEP permitted facility.
[Ord. 178, 8/14/2012]
Whenever requested by Ralpho Township the owner or tenant of any real estate with the Township shall, within 72 hours of request, present proof adequate in the judgment of the Township designee that said real estate has a current contract with a licensed hauler to dispose of municipal waste generated on the premises on a weekly basis or more often.
[Ord. 178, 8/14/2012]
Any hauler picking up municipal waste in Ralpho Township shall be required to advise the Township in writing within 72 hours after request from the Township as to whether an owner has a current contract for municipal waste disposal from his premises within the Township. Furthermore, all licenses haulers shall cooperate with the Township designee in providing information in the event that an action is instituted to enforce the terms and conditions of this Part.
[Ord. 178, 8/14/2012]
Notwithstanding the terms of this Part, compost piles kept by occupants or tenants of a structure shall not violate the terms and conditions of this Part, provided that the materials in the compost piles do not generate any offensive odors, and provided further that said compost piles are secure so that animals do not spread the materials from the compost piles around the premises.
[Ord. 178, 8/14/2012]
1. 
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a District Justice 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 Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
2. 
Any person who engages in unlawful conduct as defined in this Part shall, in accordance with applicable provisions of the laws of the Commonwealth, be subject to the provisions of Act 101, Chapter 17,[1] as such provisions with respect to enforcement and remedies may apply to any such unlawful conduct.
[1]
Editor's Note: See 53 P.S. § 4000.1701 et seq. (Chapter 17, Enforcement and Remedies, of the Municipal Waste Planning, Recycling, and Waste Reduction Act).
[Ord. 178, 8/14/2012]
1. 
Restraining Violations. In addition to any other remedy provided in this Part, the Township may institute a suit in equity where unlawful conduct or a public nuisance exists as defined in this Part for an injunction to restrain a violation of this Part or of any rules, regulations, resolutions or standards promulgated or issued by the Township pursuant to this Part and the County Waste Flow Control Ordinance.
2. 
Concurrent Remedies. The penalties and remedies prescribed by this Part shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township from exercising any other remedy provided by this Part or otherwise provided at law or equity.
[Ord. 178, 8/14/2012]
The terms and provisions of this Part are to be liberally construed, so as best to achieve and to effectuate the goals and purpose hereof. This part shall be construed in pari materia with Act 97 and Act 101.