[Adopted 9-25-1991 by Ord. No. 89]
This article shall be known and referred to as the "Municipal
Solid Waste Ordinance."
A.Â
ACT 97
ACT 101
BULKY WASTE
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
CONTAINER
COUNTY
DEPARTMENT or DEP
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPALITY
PERSON
RUBBISH
SCAVENGING
SOLID WASTE
STORAGE
TRANSPORTATION
The following words and phrases, as used in this article, shall have
the meanings ascribed herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 101).[2]
Large items of solid waste, including, but not limited to,
appliances, furniture, large auto parts, trees, branches or stumps
which may require special handling due to size, shape or weight.
Any person, firm, partnership, corporation or public agency
engaged in the collection or transportation of municipal waste.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
A portable device in which waste is held for storage or transportation.
The County of Washington or the Washington County Board of
County Commissioners.
The Pennsylvania Department of Environmental Protection (DEP).
The disposition, injection, dumping, spilling, such leaking
or placing of solid waste into or on the land or water in a manner
that the solid waste enters the environment, is emitted into the air
or is discharged into the waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which material
normally originates in a residence, private household or apartment
house.
Any solid waste derived from animal, grain, fruit or vegetable
matter, capable of being decomposed by microorganisms with sufficient
speed as to cause such nuisances as odors, gases or vectors.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including, but not
limited to, hospitals, nursing homes, orphanages, schools and universities.
Any municipal waste collector or hauler possessing a license
from the appropriate agency as provided by law.[3]
Any garbage, refuse, industrial, lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities;
and any sludge not meeting the definition of residual or hazardous
waste under Act 97 from a municipal, commercial or institutional waste
supply treatment plant, wastewater treatment plant or air pollution
control facility. The term does not include source-separated recyclable
materials.
The Township of Union, Washington County, Pennsylvania.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, or any other legal entity which
is recognized by law as the subject of rights and duties. In any provision
of this article prescribing a fine, imprisonment or penalty, or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or any other legal entity
having officers and directors.
All nonputrescible municipal waste except garbage and other
decomposable matter. This category includes, but is not limited to,
ashes, bedding, cardboard, cans, crockery, glass, paper, wood and
yard cleanings.
The controlled removal or recycling of material from a solid
waste processing or disposal facility.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year shall
constitute disposal. This presumption can be overcome by clear and
convincing evidence to the contrary.
The off-site removal of any solid waste at any time after
generation.
B.Â
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
A.Â
It shall be unlawful for any person to accumulate, or permit the
accumulation of, on any public or private property within the municipality,
any garbage, rubbish, bulky waste or any other municipal or residual
waste except in accordance with all applicable Department rules and
regulations adopted pursuant to Act 97 and Act 101.
B.Â
It shall be unlawful for any person, except in accordance with all
applicable Department rules and regulations adopted pursuant to Act
97 and Act 101, to burn any solid waste within the municipality or
to burn any material which will tend to cause noxious fumes or create
hazardous living conditions or be deemed to constitute a nuisance.
C.Â
It shall be unlawful for any person to process or dispose any solid
waste in the municipality except in accordance with all applicable
Department rules and regulations adopted pursuant to Act 97 and Act
101.
D.Â
It shall be unlawful for any person to collect, haul, transport or
remove any solid waste from public or private property within the
municipality without first obtaining a license from the appropriate
agency as provided by law.[1]
E.Â
It shall be unlawful for any person, without prior written approval
from the municipality, to scavenge any materials from any solid waste
that is stored or deposited for collection within the municipality.
F.Â
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the municipality except at a resource-recovery facility
approved and permitted under any applicable Department rules and regulations
adopted pursuant to Act 97 and Act 101.
A.Â
The storage of all solid waste shall be so conducted as to prevent
the attraction, harboring or breeding of insects or rodents and to
eliminate conditions harmful to public health or which create safety
hazards, odors, unsightliness or public nuisances.
B.Â
Any person producing municipal waste shall provide a sufficient number
of approved containers to store all waste materials generated during
periods between regularly scheduled collections and shall place and
store all such waste therein.
A.Â
All households, homeowners, commercial, industrial and institutional
establishments within the municipality shall utilize the services
of a licensed collector for disposal of domestic or household waste
generated by such source.
B.Â
All licensed collectors and waste haulers shall comply with the minimum
standards for collection and transportation of municipal waste set
forth in the Department's Title 25, Chapter 285, Subchapter B,
Regulations for Collection and Transportation of Municipal Waste.[1]
[1]
Editor's Note: See 25 Pa. Code § 285.201 et seq.
C.Â
All municipal waste collected within the municipality shall be conveyed
or transported only to a transfer station, processing facility or
disposal site permitted by the Department of Environmental Protection
or other regulatory agencies pursuant to the approved Municipal Waste
Management Plan for Washington County.
No person shall collect, remove, haul or transport any solid
waste upon or through any streets or alleys of the municipality without
first obtaining a license from the appropriate agency as provided
by law.
The municipality may petition the Washington County Court of
Common Pleas for an injunction, either mandatory or prohibitive, to
enforce any of the provisions of this article.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.