Township of Fallowfield, PA Solid Waste

The following words and phrases as used in this article shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:

ACT or ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]

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 such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting, and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and excepted as farms, forests, or other agricultural lands.

BULKY WASTE

Large items of solid waste, including, but not limited to, appliances, large auto parts, tree branches or stumps which may require special handling due to their size, shape or weight.

COMMERCIAL ESTABLISHMENT

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

CONSTRUCTION DEMOLITION WASTE

All municipal and residual waste, building materials, grubbing waste, and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.

DEPARTMENT

The Pennsylvania Department of Environmental Protection.

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 of Pennsylvania.

GARBAGE

Any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases, or vectors.

HAULER or PRIVATE COLLECTOR

Any person, firm, copartnership, association or corporation who has contracted with and/or been authorized by the municipality or its designated representative to collect, transport, and dispose of refuse for a fee as herein prescribed.

[2]

HAZARDOUS WASTE

Any solid waste or combination of solid wastes as defined in the Act, which because of its quantity, concentration or physical, chemical, or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in morality or an increase in morbidity in either an individual or the total population; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

INDUSTRIAL ESTABLISHMENT

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

MUNICIPAL WASTE

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 or residual or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.

MUNICIPALITY

The Township of Fallowfield, Washington County, Pennsylvania.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, state institution and agency, or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions 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 other legal entity having officers and directors.

PROCESSING

Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part of all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, and resource recovery facilities.

REFUSE

All solid waste materials which are discarded as useless.

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 operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act.[3] Residual waste 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 Clean Streams Law.[4]

RUBBISH

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.

SCAVENGING

The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.

SEWAGE TREATMENT RESIDUES

Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.

SOLID WASTE

Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.

STORAGE

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 constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.

TRANSFER STATION

Any supplemental transportation facility used as an adjuncts to solid waste route collection vehicles.

TRANSPORTATION

The off-site removal of any solid waste at any time after generation.

[1]

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

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3]

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

[4]

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

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

§ 315-2 Prohibited activities.

It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Township, any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

It shall be unlawful for any person to burn any solid waste within the Township except in accordance with the provisions of this article, the Rules and Regulations as adopted pursuant to Act 97, and the terms and conditions of the Fallowfield Township Burning Ordinance.[1]

[1]

Editor's Note: See also Ch. 166, Burning, Open.

It shall be unlawful for any person to dispose of any solid waste in the Township except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

It shall be unlawful for any person to haul, transport, collect, or remove any solid waste from public or private property within the Township without first securing approval to do so in accordance with the provisions of this article.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Township without prior approval by the Township.

It shall be unlawful for any person to salvage or reclaim any solid wastes within the Township except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.

It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed, or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the Township except as provided in this article.

§ 315-3 Standards for storage of solid waste.

The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.

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 waste material therein.

Any person storing municipal waste for collection or for whatsoever other purpose, on public or private property in the Township, shall place the same or cause the same to be place in a closed sanitary covered container, constructed of durable watertight rust and corrosion-resistant material in such a manner as to be, to the greatest extent practicable, leakproof, weatherproof, insect proof, and rodent proof.

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

The storage of all municipal waste from multifamily residential units, commercial establishments, institutions, and industrial or office waste sources is subject to the regulation and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste hauler, and are subject to approval by the Township.

§ 315-4 Standards and regulations for collection.

The municipality shall provide for the collection of all garbage, rubbish and bulky waste from individual residences, multifamily residential sources, commercial, institutional, and industrial establishments, or may contract with a private collector or collectors to provide this essential service.

All households, homeowners, commercial, institutional, and industrial establishments shall utilize the collection service provided or contracted by the Township, and shall promptly pay any and all invoices for charges for services provided under this article.

All garbage and rubbish shall be collected at least once per week. Bulky waste shall be collected following prior arrangement and schedules affixed by the Township's collector including the payment of any required additional or special fees. The Township reserves the right to require more frequent collection when deemed necessary to control health hazards, odors, flies, or other conditions hazardous to the general health, safety and welfare of the residents of the Township.

Collection schedules shall be published regularly by the Township or its contracted hauler.

All solid waste collection activity shall be conducted with prior approval granted by the Township.

All haulers under contract with the Township should comply with the following standards and regulations:[1]

(1)

All municipal waste collected within the Township shall ultimately be disposed at an approved landfill site.

(2)

Any trucks or other vehicle used for the collections and transportation of municipal waste must comply with the requirements of Act 97, and any Department regulations adopted pursuant to Act 97.

(3)

All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.

(4)

Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.

(5)

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

(6)

All solid waste collection vehicles shall be operated and maintained in a clean, safe and sanitary condition.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 315-5 Collection and disposal charges.

Where the governing body of the Township of Fallowfield has determined to conduct its own solid waste collection system, the governing body is duly authorized to make funds available, in accordance with the laws and procedures of the municipality for the establishment of, maintenance and operation of the municipal and solid waste disposal system.

The governing body may, in its discretion, contract for the provision of municipal solid waste collection and disposal, including contracting for the collection of fees for solid waste collection and disposal by the contacted hauler.

Fee schedules for the collection and disposal of municipal solid waste shall be published by the Township, or, where such municipal solid waste collection disposal has been contracted to a private hauler, by the private hauler at least once per calendar year.

§ 315-6 Violations and penalties.

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.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

A municipal lien for municipal waste collection and disposal fees may be filed by the Township against any person or persons and/or legal entity responsible for payment of the collection fees. Where the governing body has delegated the responsibility of billing and collecting the municipal waste collection and disposal fees to a private hauler, said private hauler shall transmit to the governing body the amounts due and owing, for purposes of the entry of a municipal claim for the outstanding amounts. Such lien or municipal claim may be filed against the person or persons and/or legal entity responsible for payment of the garbage costs, which same shall include the amount of said fees, filing costs, and Solicitor or attorneys' fees at 20%.

Every violator of the provisions of this article shall be deemed guilty of a separate offense for each and every day such violation shall continue, and shall therein be subjected to the penalty imposed for each and every such separate offense.

Notwithstanding the within provisions, the Township may petition the Court of Common Pleas of Washington County for an injunction, either mandatory or prohibitive, to enforce any part or provision of this article.