Borough of Derry, PA Solid Waste

FOOD PROCESSING WASTES USES FOR AGRICULTURAL PURPOSES

Editor's Note: This chapter also superseded former Ch. 346, Solid Waste, adopted 6-14-2004 by Ord. No. 684.

§ 346-1 Short title.

This chapter shall be known and referred to as the "Borough of Derry Solid Waste Ordinance."

§ 346-2 Purpose.

The purpose of this chapter is to prohibit, regulate, and establish fees and charges for licenses or violations for accumulation, burying, collecting, conveying, disposing, packing, preparing, processing, removing, storing, transferring, and transporting of garbage, rubbish, refuse, or other solid waste materials, on private or public property located in the Borough.

§ 346-3 Definitions and word usage.

As used in this chapter, the following terms shall have the meanings indicated:

ABATEMENT

The restoration, reclamation, recovery, etc., of a natural resource adversely affected by the activity of a person.

AGRICULTURAL WASTE

Poultry and livestock manure, or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur-bearing animals, and their products, provided that such agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting, and marketing of all agronomic, horticultural, aquacultural and silvicultural crops or commodities grown on what are usually recognized and accepted as farms, forests, or other agricultural lands. (The term also includes materials in liquid or solid form generated in the production and marketing of fish or fish hatcheries.)

AQUACULTURE

The practice of raising plants or animals, such as fish or shellfish, in manmade or natural bodies of water.

BENEFICIAL USE

Use or reuse of residual waste or residual material derived from residual waste for commercial, industrial or governmental purposes, where the use does not harm or threaten public health, safety, welfare or the environment.

BULKY WASTE

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 their size, shape, or weight.

COAL ASH

Fly ash, or boiler slag resulting from the combustion of coal, that is or has been beneficially used, reused or reclaimed for a commercial, industrial or governmental purpose. The term includes such materials that are stored, processed, transported or sold for beneficial use, reuse or reclamation.

COMBUSTIBLE REFUSE

All paper, straw, excelsior, rags, rubbish, shoes and such other refuse as may result from ordinary housekeeping or commercial pursuits and which may be burned.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.

COMMISSION

The Pennsylvania Public Utility Commission and its authorized representatives.

COMMONWEALTH

The Commonwealth of Pennsylvania.

COMMONWEALTH AGENCY

The commonwealth and its departments, boards, commissions and agencies, commonwealth-owned universities, and the State Public School Building Authority, the State Highway and Bridge Authority, and any other authority now in existence or hereafter created or organized by the commonwealth.

DEPARTMENT

The Department of Environmental Protection of the commonwealth and its authorized representatives.

DISPOSAL

The incineration, deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste, or a constituent of the solid waste, enters the environment, is emitted into the air or is discharged to the waters of the commonwealth.

FACILITY

All land, structures and other appurtenances or improvements where municipal or residual waste disposal or processing is permitted or takes place, or where hazardous waste is treated, stored or disposed.

FOOD PROCESSING WASTE

Residual materials in liquid or solid form generated in the slaughtering of poultry and livestock or in processing and converting fish, seafood, milk, meat, and eggs to food products; it also means residual materials generated in the processing, converting, or manufacturing of fruits, vegetables, crops and other commodities into marketable food items.

The use of food processing wastes in normal farming operations as defined in this section.

GARBAGE

All table, refuse, animal and vegetable matter, waste from meat, fish and fowls, vegetables and fruits and parts thereof, and other articles and materials ordinarily used for food and which have become unfit for such use or which are for any reason discarded or the animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of foods.

HOST MUNICIPALITY

The municipality other than the county within which a municipal waste landfill or resource recovery facility is located or is proposed to be located.

INCOMBUSTIBLE REFUSE

All discarded articles or materials, except sewage, liquid waste, garbage and combustible refuse.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.

INSTITUTIONAL ESTABLISHMENT

Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.

LEAF WASTE

Leaves, garden residues, shrubbery, and tree trimmings, and similar materials, but not including grass clippings.

LOCAL PUBLIC AGENCY

Counties, cities, boroughs, towns, school districts and any other authority now in existence or hereafter created or organized by the commonwealth.

All municipal or school or other authorities now in existence or hereafter created or organized by the commonwealth.

MUNICIPAL RECYCLING PROGRAM

Any and all other public bodies, authorities, councils of government, officers, or agencies or instrumentalities of the foregoing, whether exercising a governmental or proprietary function.

MANAGEMENT

The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of solid wastes by any person engaging in such process.

MULTIFAMILY RESIDENCES

Residences with more than four family units residing therein.

MUNICIPALITY

A city, borough, incorporated town or home rule borough or county or any authority created by any of the foregoing.

A source separation and collection program for recycling municipal waste or source-separated recyclable materials, or a program for designated drop-off points or collection centers for recycling municipal waste of source-separated recyclable materials, that is operated by or on behalf of a municipality. The term includes any source separation and collection program for composting yard waste that is operated by or on behalf of a municipality. The term shall not include any program for recycling construction/demolition waste or sludge from sewage, treatment plants or water supply treatment plants.

MUNICIPAL WASTE

Any garbage, refuse, industrial lunchroom or office waste and other materials, including solid, liquid, semisolid or contained gaseous materials, 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 in the Solid Waste Management Act[1] 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.

MUNICIPAL WASTE LANDFILL

Any facility that is designated, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the Department under the Solid Waste Management Act. The term shall not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.

OPERATOR

A person engaged in solid waste processing or disposal. Where more than one is so engaged in a single operation, all persons shall be deemed jointly and severally responsible for compliance with the provisions of this act.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency (including, but limited to, the Department of General Services and the State Public School Building Authority), or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this act 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 other legal entity having officers and directors.

POLLUTION

Contamination of any air, water, land or other natural resources of this commonwealth that will create or is likely to create a public nuisance or to render the air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.

PROCESSING

The term includes any of the following:

Any method or technology used for the purpose of reducing the volume or bulk of municipal or residual waste, or any method or technology used to convert part of all or such waste materials for off-site reuse.

Transfer facilities, composting facilities, and resource recovery facilities.

RESOURCE RECOVERY FACILITY

The term does not include a collection or processing center that is only for source-separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.

PUBLIC AGENCY

Any commonwealth agency or local public agency.

PUBLIC NUISANCE

Any violation of any provision of this chapter, rule or regulation of any government agency, order of the Department or any term and condition of any permit shall constitute a public nuisance.

REFUSE

All combustible refuse and incombustible refuse, referred to collectively.

RESIDUAL WASTE

Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural waste supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term shall not include coal refuse as defined in the act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[2] The term shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."[3]

A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated offsite, including but not limited to a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term also includes any facility for the combustion of municipal waste that is generated offsite, whether or not the facility is operated to recover energy. The term does not include:

Any composting facility.

Methane gas extraction from a municipal waste landfill.

Any separation and collection center, drop-off point or collection center for recycling, or any source-separation or collection center for composting leaf waste.

Any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day.

SECRETARY

The Secretary of Environmental Protection of the commonwealth.

SOLID WASTE

Any waste, including but not limited to municipal or residual wastes, including solid, liquid, semisolid or contained gaseous material. The term "solid waste" does not include either coal ash or drill cuttings or hazardous wastes as defined in Pennsylvania law.

STORAGE

The containment of any municipal 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 municipal waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.

TRANSFER FACILITY

A facility which receives and processes or temporarily stores municipal or residual waste at a location other than the generation site, and which facilitates the transportation or transfer of municipal or residual waste to a processing or disposal facility. The term includes a facility that uses a method or technology to convert part of or all of such waste materials for offsite reuse. The term does not include a collection or processing center that is only for source-separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.

WASTE REDUCTION

Design, manufacture or use of a product to minimize weight of municipal waste that requires processing or disposal, including but not limited to:

Design or manufacturing activities which minimize the weight or volume of materials contained in a product, or increase durability or recyclability; and

Use of products that contain as little material as possible, are capable of being reused or recycled or have an extended useful life.

Editor's Note: See 35 P.S. § 6018.101 et seq.

Editor's Note: See 52 P.S. § 30.51 et seq.

Editor's Note: See 35 P.S. § 691.1 et seq.

In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 346-4 Prohibited and regulated activities.

It shall be unlawful for any person:

To accumulate, bury, collect, convey, dispose, pack, process, remove, store, transfer, or transport garbage, refuse, or other solid waste on private or public property located in the Borough except as provided for in this chapter, or any Department rules or regulations, or any federal or state statute regulating solid waste;

To bury, collect, convey, dispose, remove, or transport garbage, refuse, or other solid waste from private or public property located in the Borough without a license, except as provided for in this chapter, or any Department rules or regulations, or any federal or state statute regulating solid waste;

To scavenge any items, materials, or things from any garbage, refuse or other solid waste that is accumulated, buried, disposed, packed, prepared, processed, or stored on private or public property located in the Borough, except as provided for in this chapter, or any Department rules or regulations, or any federal or state statute regulating solid waste;

To salvage or reclaim any solid waste within the municipality except at an approved and permitted resource recovery facility under Act 97 or Act 101, and any commonwealth, commonwealth agency, municipal, or municipal agency's laws, rules or regulations;

To discard, dispose, place, or throw any garbage, refuse, or other solid waste in or upon any alley, body of water, sewer inlet, sidewalk, or street, private or public, located in the Borough, except as provided for in this chapter, or any Department rules or regulations, or any state statute regulating solid waste;

(6)

To bury, collect, convey, discard, dispose, process, or transfer a new or used lead acid battery in municipal solid waste;

(7)

To use or permit to be used any of their private property in the Borough as a private accumulating, disposing, packing, preparing, processing, storing, transferring or disposal site for garbage, refuse, or other solid waste, except as provided for in this chapter, or any Department rules or regulations, or any state statute regulating solid waste;

(8)

To collect, convey, pack, transfer, or transport any garbage, refuse, or other solid waste to a disposal site, except those persons contracted, authorized or designated by the Council of the Borough of Derry, as provided for in this chapter, or any Department rules or regulations, or any state statute regulating solid waste;

(9)

To permit any unauthorized collector to take any garbage, refuse, or solid waste from the premises occupied by that person;

(10)

To accept for disposal truckloads composted primarily of leaf waste, except for a composting facility;

(11)

To own or operate a municipal waste processing or disposal facility without a permit from the Department of Environmental Resources;

(12)

To construct, alter, operate or utilize a solid waste storage, treatment, processing or disposal facility that a permit from the Department is required by 35 P.S. § 6018.101 et seq. or orders of the Department are in violation of any term or condition of any permit issued by the Department;

(13)

To dispose of solid waste without a permit from the Department;

(14)

To transport or permit to transport any solid waste in any storage, treatment, processing or disposal facility or area in which such facility or area does not possess a permit issued by the Department to accept such waste;

(15)

To refuse, hinder, obstruct, delay or threaten any agent or employee of the Borough in the course of performance of any duty under this chapter, including but not limited to entry and inspection under any circumstance;

(16)

To cause or assist in the violation of any provision of this chapter; and

(17)

To accumulate, burn, bury, collect, convey, dispose, dump, pack, process, remove, store, transfer, or transport garbage, rubbish, refuse, or other solid waste on Sunday.

It shall be unlawful to fail:

To use such methods and facilities as are necessary to control leachate, runoff, discharges, and emissions from residual waste in accordance with the Department of Environmental Protection regulations.

To use such methods and facilities as are necessary to prevent the harmful or hazardous mixing of wastes.

To design, construct, operate and maintain facilities in areas in a manner which shall not adversely affect or endanger public health, safety and welfare, or the environment or cause a public nuisance.

To use such method and equipment, and facilities as are necessary to transport solid waste in a manner which shall not adversely affect or endanger the environment or cause a public nuisance.

To take immediate steps to contain and clean spills, littering or accidental discharge of solid waste and to notify the Department, pursuant to Department regulations, of all spills, littering or accidental discharges which occur on public highways, public areas, which may enter the waters of the commonwealth.

Each day's continuance of a violation of this chapter shall constitute a separate offense.

§ 346-5 Standards for storing solid waste.

Solid waste, including bulky waste, shall be stored in a way to prevent the collection or accumulation of water, attraction, harborage, or breeding of insects or rodents and to eliminate conditions harmful to public health or which create fire or safety hazards, odors, unsightliness or public nuisance.

Solid waste shall be stored separately from hazardous materials, combustible refuse, and lawn clippings.

Storage containers shall be properly stored on the owner's, tenant's or occupant's premises at all times except on days when the solid waste is scheduled for pick up.

Storage containers shall be kept tightly sealed and covered at all times.

Solid waste shall not protrude or extend above the top of the storage container.

The Borough or its designated representative may specifically require special storage procedures to facilitate the collection and resource recovery (recycling) of certain waste materials.

Storage containers.

All solid waste shall be stored in containers that comply with the minimum standards established by the National Sanitation Foundation and are approved by the Borough or its designated representative.

Containers shall be used and maintained so as to prevent public nuisances.

Any person producing solid waste that is not included in the municipal recycling program shall provide a sufficient number of reusable or disposable storage containers to store all solid waste generated between collection periods.

Reusable containers.

All reusable containers shall:

Be provided by the owner, tenant, or occupant of the premises; neither the Borough nor the collector shall provide reusable containers suitable for collection;

Be constructed of durable watertight, rust- and corrosion-resistant material such as metal, fiberglass, or plastic and constructed in a manner as to be leak-, weather-, insect- and rodent-proof;

Have a tight-fitting cover and suitable lifting handles to facilitate collection;

[4]

Have a capacity of not less than 10 gallons, but not more than 32 gallons;

[5]

Not weigh more than 40 pounds when full;

[6]

Be kept as sanitary as possible and cleansed and disinfected by the owner, tenant, or occupant periodically to prevent the accumulation of liquid residues or solids on the bottom or sides; and

[7]

Shall not have sharp or ragged edges, or any other defect that may hamper collection or cause injury to collector's personnel.

Reusable containers that do not comply with any of the standards set forth above shall be immediately replaced by the owner, tenant, or occupant upon notice from the municipality or its designated representative.

Disposable containers.

All disposable containers shall:

Be either a plastic bag or sack which is designated for municipal waste disposal.

Have ties at the top.

Have a capacity of not more than 30 gallons.

[4]

Not weight more than 35 pounds when filled.

[5]

Have sufficient wall strength to maintain physical integrity when lifted by the top.

Disposable containers that do not comply with any of the standards set forth above shall be immediately replaced by the owner, tenant, or occupant upon notice from the Borough or its designated representative.

(6)

Bulk containers.

The type, size, and placement of any bulk containers shall be determined by the waste generator and solid waste collector, subject to the approval of the Borough. Bulk containers shall be provided by the owner, tenant, or occupant of the premises; neither the Borough nor the collector shall provide bulk containers suitable for collection.

Be constructed of durable watertight, rust-, and corrosion-resistant material such as metal, fiberglass, or plastic and constructed in a manner as to be leak-, weather-, insect- and rodent-proof; and

Have a tight-fitting cover and suitable hoisting handles to facilitate collection; and

Shall be kept as sanitary as possible and cleansed by the owner, tenant, or occupant periodically.

(7)

Storage racks for receptacles. If it is desirable for the owner, tenant, or occupant of a residence, multifamily residence, or residence that is not a multifamily residence, or an institution, commercial, industrialized establishment, restaurant or hotel to have racks or holders for all storage containers, those racks or holders shall:

Be made of durable metal or wood; and

Have at least 12 inches of clearance from the ground unless the base is made of concrete or another easily cleaned material.

Any persons storing garbage, refuse, rubbish, or solid waste for collection.

All garbage, refuse, rubbish, or solid waste that is not included in the municipal recycling program shall be thoroughly rinsed and drained of free liquid before placing in storage containers.

All garbage, refuse, rubbish, or solid waste that is putrescible shall be wrapped securely in paper, plastic, or similar material or placed in a properly tied plastic bag.

All combustible waste should be separated from noncombustible waste.

Inorganic materials. Inorganic materials such as scrap lumber or firewood may be kept on private property, provided that it is accumulated or stored at least 12 inches above the surface (ground).

Bulk waste items such as furniture, automobile parts, machinery, appliances, and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of insects or rodents, safety hazards and fire hazards.

(6)

Lawn, hedge clippings, or tree trimmings may be accumulated or stored for composting by either the Borough or the property owner.

(7)

The Borough or its designated representative may specifically require special preparation procedures to facilitate the collection and resource recovery (recycling) of certain waste materials.

The regulations and standards set forth in this chapter related to the storage containers and storage of solid waste are applicable to residential units, multifamily residential units, commercial establishments, institutions, industrial or office waste sources.

§ 346-6 Standards for collecting solid waste.

Place for collection.

All garbage, refuse, rubbish, or solid waste shall remain in storage containers when placed at the collection point.

Assembly.

All hazardous materials, combustible refuse, lawn or hedge clippings, or tree trimmings placed for collection shall:

Be either assembled, baled, boxed, or bundled;

Not be more than three feet in length;

Not be more than two feet in diameter;

[4]

Not weigh more than 40 pounds; and

[5]

Be placed in separate containers at the collection point.

The assembling, baling, boxing, or bundling shall be done in such a way that it:

Can be handled conveniently and by one person of the contractor/collector; and

Will not be disseminated by wind or otherwise while waiting for collection.

(c)

Newspapers and magazines placed for collection shall:

Be either placed in approved containers; or

Be tied securely in bundles; and

Not weigh more than 40 pounds.

Placement.

Storage containers placed for collection shall be placed:

At ground level at the curb of the alley, street, or private right-of-way where collection is to occur; and

Shall not be placed in any alley, street, or private property or right of way for collection.

The collector or contractor shall pick up the storage containers at the rear of the property lines of properties accessible by rear alleys, and front property line of properties where access to properties by rear alleys is prohibited or inaccessible, unless an agreement exists with the collector to collect elsewhere.

No garbage, refuse, rubbish, or solid waste shall be placed for collection earlier than 8:00 p.m. prior to the collection date.

Frequency of collection.

Residential.

All residential garbage, refuse, rubbish, or solid waste shall be collected at least once a week.

Bulky wastes not covered by a contract between the Borough and the waste hauler/collector shall be collected following special arrangement with the collector and the payment of any additional fees to the collector by the waste generator.

All residential collection schedules shall be published regularly by the Borough or its licensed contractor or collector.

Multifamily residences (more than three units), commercial, institutional, and industrial establishments.

All garbage, refuse, rubbish, or solid waste generated by residences with more than three units, or commercial, institutional, or industrial establishments, shall be collected at least once a week or as often as necessary to control health hazards, odors, insect or rodent, or unsightly conditions.

The Borough reserves the right to require more frequent collection at multifamily residences (more than three units), or commercial, institutional, or industrial establishments, when deemed necessary.

Hotel, restaurants, and other such businesses. Hotels, restaurants, and other such businesses or institutions shall be collected at least once a week or as often as necessary to control health hazards, odors, insect or rodent, or unsightly conditions.

Days for collection.

All solid waste collection activity shall take place from Monday to Friday between no earlier than 6:00 a.m. and no later than 6:00 p.m.

No collection, hauling, or transporting solid waste shall take place on Sunday.

§ 346-7 Collection of fees.

The licensed collector or contractor shall be responsible for the collection of any fees for solid waste collection and disposal from residential customers.

The collector or contractor shall be responsible for collecting fees for solid waste collection and disposal from multifamily residences (more than three units), commercial, institutional, industrial, hotel, and restaurant sources within the Borough.

§ 346-8 Collecting and transporting solid waste.

All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards, and nuisances.

Collecting.

Collection of garbage, rubbish, or solid waste in the Borough shall only be performed by the Borough, or collectors and contractors licensed and/or approved by Borough Council.

The Borough shall provide or contract with a licensed private collector or contractor for the collection of all garbage, refuse, rubbish, or solid waste from individual and multifamily residences only.

Multifamily residences are those residences with less than three family units residing therein.

The contract for the right to collect solid waste from residents and other persons in the Borough and the conveyance thereof shall be awarded from time to time and for such period of time as to be determined by the Council of the Borough of Derry.

The contract shall fix and regulate, in a manner not inconsistent with the terms of any federal, state, or local government or agency law or ordinance, rule, or regulation:

[a]

The fees charged by the contractor or collector to the customers;

[b]

Method and time of collecting and conveying solid waste.

(c)

Annual fee schedules shall be published by the Borough and/or contractor/collector based on any competitively bid residential collection service contract that may be awarded by the Borough.

All residents of the Borough shall utilize the residential collection services provided by the Borough, unless those residents can demonstrate that they are using an alternative collection service that acts in accordance with the provisions mandated in this chapter, any Department rules or regulations, and any state statute regulating the collection of solid waste.

Multifamily residences (more than four units), or commercial, institutional, or industrial establishments, may negotiate and shall contract with any licensed collection service or the Borough's collector to collect solid waste in a manner that is consistent with this chapter, any Department rules or regulations, and any state statute regulating the collection of solid waste.

No collector shall dispose of garbage, refuse, or solid waste collected in the Borough except by conveyance to the transfer station, processing facility, or place of disposal designated by the Council of the Borough of Derry.

The Council of the Borough of Derry shall designate the following as the place of disposal for garbage, refuse, rubbish, or solid waste generated in the Borough: any properly permitted landfill in the approved Westmoreland County Municipal Waste Management Plan.

Transportation.

All solid waste shall be transported in a manner to prevent public hazards, environmental degradation, and nuisances.

Any vehicle used for the transportation of municipal waste must comply with the requirements of 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq. and any regulations established by the Department.

All solid waste shall be transported in suitable covered or enclosed vehicles to prevent roadside littering, attraction of vectors, or creation of other nuisances.

All solid waste from the Borough shall be transported to any properly permitted landfill in the approved Westmoreland County Municipal Waste Management Plan.

Any vehicle transporting solid waste shall not be delayed or placed in a populated area for more than four hours, except that this paragraph does not apply to days when collection is taking place in the Borough.

Daily written logs of the quantities of solid waste that was transported, its destinations, and time of arrival at its destination shall be maintained by the person transporting the solid waste.

§ 346-9 Licensing of collectors.

No person except an authorized collector that has obtained and maintains a permit or license issued by the Council of the Borough of Derry shall collect garbage, refuse, rubbish, or solid waste throughout the Borough. An "authorized collector" is one who has entered into a contract with or has been granted a license by the Borough for the specific purpose of collecting, conveying, transferring, or transporting garbage, refuse, rubbish, or solid waste.

The Council of the Borough of Derry reserves the right to establish and increase the fee for permits or licenses that an authorized collector shall need to collect, convey, transfer, or transport garbage, refuse, rubbish, or solid waste.

§ 346-10 Equipment of collectors.

Any trucks, vehicles, or other equipment used by the collector for the collection or transportation of garbage, refuse, rubbish, or solid waste shall:

Comply with the requirements of:

Act 97 of 1980, commonly known as the "Pennsylvania Solid Waste Management Act";[1]

Editor's Note: See 35 P.S. § 6018.101 et seq.

Act 101 of 1988, commonly known as the "the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act";[2]

Editor's Note: See 53 P.S. § 4000.101 et seq.

(c)

Any other federal, state, or local law or ordinance;

(d)

Any other federal, state, or local department or agency rule or regulation;

(e)

Licensing by the Westmoreland County Commissions;

(f)

Licensing and inspection by the Borough Council of the Borough of Derry or its agents.

Be watertight and enclosed or capable of being enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors, and other nuisances;

Operated and maintained in a clean and sanitary condition;

Display the name of business, business address, the name of the owner of the vehicle or conveyance, and the specific type of solid waste transported by the vehicle or conveyance; and

Shall on all sides have lettering which is at least six inches in height.

Failure of any authorized collector or collectors to comply with the provisions of this chapter shall result in having said license revoked or contract canceled/terminated.

§ 346-11 Duties of collector.

The collector shall give bond to the Borough in the sum and with such security as the Council of the Borough of Derry may require prior to undertaking any obligations or performance owed under the contract with the Borough.

Storage containers.

The collector shall place the cover on any reusable container after collecting the waste from that container.

The collector shall handle the storage container carefully so as not to spill the contents or damage the container.

Insurance coverage required. Prior to operation of any solid waste storage, transfer, processing or disposal facility within the Borough, the contractor/collector shall be required to present evidence of insurance coverage of a type and in an amount as shall be fixed and acceptable to the Council of the Borough of Derry.

§ 346-12 Permits; approval of governing body.

Applications for any permit sent to the Department shall be reviewed by the Borough.

The Borough may recommend to the Department conditions upon, revisions to, or disapproval of the permit only if specific cause is identified.

The Borough shall report any conditions, revisions to, or disapprovals for specific cause to the Westmoreland County Planning Agency.

The Westmoreland County Planning Agency must notify the Department and respond to recommendations within 60 days after the Department prints its justification to the Pennsylvania Board.

If there is no response from the county within 60 days after publication of the Department's justification on the recommendations, the Borough and the county waive the right to review the permit.

§ 346-13 Injunction powers.

The Borough may petition the Westmoreland County Court of Common Pleas for a preliminary and/or permanent injunction, either mandatory or prohibitive:

To enforce any of the provisions of this chapter;

To restrain or prohibit any public nuisance; or

To prohibit any condition or activity that is detrimental to health.

§ 346-14 Violations and penalties.

Any owner or person within a partnership or officer within a corporation who violates or fails to comply with any provision of this chapter shall, upon conviction, be guilty of a misdemeanor which is punishable by:

Cost of prosecution; and

Costs of abatement or any pollution or public nuisance; and

A fine of not less than $100, nor more than $1,000; or

Imprisonment for a period of not more than 30 days; or

Both Subsection A(3) and (4) above if in default of payment of such fine and costs.

Each day of violation shall be considered a separate and distinct offense.

The penalties and remedies prescribed by this chapter shall be deemed concurrent with the existence of or exercise of any other remedy, and shall not prevent the Department of Environmental Resources from exercising any other remedy, at law or in equity.

Nothing in this act shall be construed as estopping the commonwealth, or any district attorney or municipal solicitor, from proceeding in courts of law or equity to abate pollution forbidden under this act or abate nuisances under existing law.

§ 346-15 Revocation or suspension of license.

The governing body shall have the right, at any time and without refund of any part of the license fee, to suspend or revoke the license of any authorized private collector based on any of the following:

False or misleading statements in the application for a license.

Lapse or cancellation of insurance.

Collecting or transporting refuse in careless or negligent manner resulting in dirt, odor or any unsanitary condition.

Failure to deposit solid waste at a Department of Environmental Resources approved disposal site in compliance with all disposal regulations in force at the approved site.

A violation of any part of this chapter or any other ordinances of the municipality or any applicable state of county laws.

§ 346-16 Administrative appeals.

Appeals may be made by the following persons: any person who is aggrieved by a new standard or regulation issued by the municipality may appeal within 10 days after the municipality gives notice of its intention to issue the new standard or regulation.

All appeals shall be:

Made in writing to the governing body of the Borough; and

Sent by certified mail with return receipt requested to the governing body of the Borough.

Public hearing on appeals.

The Borough shall hold a public hearing on the appeal within 20 days after it receives the notice of appeal.

Notice of the hearing shall be sent to the parties in time to adequately prepare for the hearing.