[Ord. 178, 8/14/2012]
The following terms shall have the following meanings in this
Part:
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
Any owner of a waste transportation vehicle licensed under
Pennsylvania Act 90.[1]
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.
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.
An individual, corporation, partnership or other group acting
as a unit.
A lot, plot or parcel of land, including any structures thereon.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
of as a unit.
An open space on the same lot with a structure.
[Ord. 178, 8/14/2012]
All exterior property around the premises and the interior of
every structure shall be free from any accumulation of municipal waste.
[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.Â
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.Â
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.
[Ord. 178, 8/14/2012]
1.Â
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.Â
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.
