[Ord. 2-1987, 6/16/1987; as amended by Ord. 2-1988, 5/26/1988,
§ 1]
This Part shall be known as the "Solid Waste Landfill, Incineration,
Sewage Sludge, Composting Regulation Ordinance of Hunlock Township."
[Ord. 2-1987, 6/16/1987; as amended by Ord. 2-1988, 5/26/1988,
§ 2]
The authority of the Township of Hunlock to regulate and/or
manage the collection, removal and disposal of sewage sludge and the
composting procedures therein and the maintenance or operation of
incineration facilities, is set forth by Act of May 9, 1961, P.L.
194, § 1, 53 P.S. § 65708 and Act of May 20, 1957,
P.L. 174, § 5, as amended March 21, 1968, P.L. 66, No. 22,
§ 1, 53 P.S. § 65712.
[Ord. 2-1987, 6/16/1987; as amended by Ord. 2-1988, 5/26/1988,
§ 3]
It is the finding of the Township of Hunlock that the construction,
maintenance, operation and utilization of a sludge composting facility,
sludge composting and utilization facility, and sewage sludge composting
and utilization facility and/or a solid waste landfill disposal, composting
and/or utilization facility within a radius 2,000 feet from any residence
or residential area is, by nature of the type of activity undertaken,
and odor necessitated by such activity and operation, together with
the resulting effects of such an operation and activity, contrary
to the best interests and welfare of residents within a radius of
2,000 feet of said operation or activity and constitutes a nuisance.
It is further the finding of the Township of Hunlock that the construction,
maintenance, operation and utilization of an incineration facility
within a radius of 2,000 feet from any residence or residential area
is, by nature of the type of activity undertaken, and odor necessitated
by such activity and operation, together with the resulting effects
of such an operation and activity, contrary to the best interests
and welfare of residents within a radius of 2,000 feet of said operation
or activity and constitutes a nuisance.
[Ord. 2-1987, 6/16/1987; as amended by Ord. 2-1988, 5/26/1988,
§ 4]
A partnership, limited partnership, or any other form of
unincorporated enterprise owned or conducted by two or more persons.
The process in which organic solid waste is biologically
decomposed under anaerobic and/or aerobic conditions to yield a humus-like
product.
A corporation, joint-stock association, business trust or
banking institution which is organized under the laws of this Commonwealth,
the United States, or any other state, territory, foreign country
or dependency.
The Commonwealth of Pennsylvania and any subdivision thereof.
A plant or operation utilizing any technology for the purpose
of reducing the volume on bulk of municipal or residential waste by
burning or converting part or all of such waste material by burning
for off-site reuse.
A system of underground pipings, tank and/or tanks to an
underground holding tank or septic tank established and in conformity
with the regulations of the Department of Environmental Resources
of the Commonwealth of Pennsylvania.
A land site utilized to bury deposits of solid waste.
Every natural person, association or corporation.
All materials which are discarded as useless.
A building or buildings used for the occupancy and dwelling
by one or more persons.
An area containing a building or buildings used or occupied
as a residence.
The waste matter carried off in sewers.
The coarse screenings, grit, and dewatered or air-dried sludges,
septic and holding tank pumpings, and other residues from sewage collection
and treatment systems which require disposal and which further includes
the precipitate resulting from chemical treatment, coagulation or
sedimentation of water or waste water and which specifically includes
residue generated from public treatment plants.
Any plant or building engaged in processing or using sewage
sludge as part of its operation.
An underground drain to carry off wastewater and refuse.
A soft, thick, muddy mixture, deposit or sediment.
Garbage, refuse and other discarded materials including,
but not limited to, solid and liquid waste materials resulting from
municipal, industrial, commercial, agricultural and residential activities.
[Ord. 2-1987, 6/16/1987; as amended by Ord. 2-1988, 5/26/1988,
§ 5]
1.
No association, corporation, governmental entity or person shall
construct, maintain, operate and/or utilize a sewage/sludge composting
facility, sludge composting and utilization facility or sewage sludge
composting and utilization facility and/or a solid waste landfill,
within a radius 2,000 feet from any residence or residential area
in Hunlock Township, Luzerne County, Pennsylvania.
2.
No association, corporation, governmental entity or person shall
construct, maintain, operate and/or utilize an incineration facility
within a radius of 2,000 feet from any residence or residential area
in Hunlock Township, Luzerne County, Pennsylvania.
[Ord. 2-1987, 6/16/1982; as amended by Ord. 2-1988, 5/26/1988,
§ 6; and by Ord. 2-1997, 8/28/1997]
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.
[Ord. 2-1987, 6/16/1987]
In addition to the above penalties, all other actions are reserved
including an action in equity for the proper enforcement of this Part.
The Township of Hunlock is empowered to proceed with an Action in
Equity to assure compliance with the provisions of this Part, and
is empowered to take any reasonable action to abate said prohibited
activity. Any costs, including court costs and reasonable attorneys
fees, incurred in such a proceeding shall be assessed against the
violator.
[Ord. 2-1987, 6/16/1987; as amended by Ord. 2-1988, 5/26/1988,
§ 8]
1.
Nothing herein contained shall prevent farming operations, including
the management, collection, storage, transportation or use of poultry
and livestock manure in conjunction with farming operations. Nothing
herein contained shall prohibit the construction and maintenance of
an individual sewage system.
2.
Nothing herein contained shall prevent the burning of culm materials
derived from coal mining operations or similar waste material derived
from the extraction of coal from the earth for the purpose of generating
heat or power, and nothing shall prevent the burning of coal products
or oil in conventional residential or commercial heating furnaces.
Nor shall this Part be construed to prevent individual homeowners
from limited and controlled burning of leaves and combustible waste
generated on said homeowner's properties not for off-site reuse.
[Ord. 2-1990, 12/27/1990, § I]
This Part shall be known as the "Solid Waste Collectors Licensing
Ordinance."
[Ord. 2-1990, 12/27/1990, § I]
Any person collecting or transporting municipal solid waste
for monetary or business purposes, including the municipality itself
if it undertakes the collection of municipal solid waste directly
and any business or institution within the municipality which generates
sufficient municipal solid waste to require disposal directly by its
own employees and equipment.
Transporting waste materials to an incinerator, sanitary
landfill, a resource recovery facility or other site, and making final
deposition.
Except as modified by the current contract between the designated
disposal facility and Luzerne County: any garbage, refuse, industrial
lunchroom or office waste and other 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 in the Solid Waste Management Act 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.
Any natural person, association, partnership, firm, or corporation.
[Ord. 2-1990, 12/27/1990, § III]
1.
General Requirements.
A.
No person shall act as a municipal solid waste collector in this
Township without first obtaining a license from the Township of Hunlock
pursuant to this Part.
B.
Each collector's license hereunder shall be effective for a
maximum of one calendar year, terminating on June 30th of the year
for which it was issued and subject to renewal upon application.
C.
Application for a collector's license shall be made on a form prescribed by the Township and made to the agency designated by the Township of Hunlock. Each application must be accompanied by proof of adequate insurance coverage and by a fee in accordance with § 20-203, Subsection 2, of this Part. Proof of said insurance coverage must be submitted to the County's designated facility prior to the delivery of waste.
D.
Any collector who possesses a valid license issued by another municipality
in the County shall be entitled to a license conditioned only upon
continuing compliance with this Part and any other solid waste ordinance
of this Township.
E.
A licensee of another municipality, as provided in § 20-203, Subsection 1D, above, may be issued a license if he supplies proof of his holding a valid license in another municipality, sufficient additional information to fill out the application for a license, and payment of a fee in accordance with § 20-203, Subsection 2, of this Part.
F.
No license is transferable from one collector to another or one vehicle
to another.
G.
Upon receipt of said application and fee, the agency designated by
the Township of Hunlock shall either issue or refuse to issue a license
to the applicant within 30 days.
2.
Licensing Fees. The fee for such license shall be $100 per year per
collector.
3.
Management and Collection Requirements.
A.
All vehicles used for the collection and transportation of municipal
waste must satisfactorily comply with the regulations of the Commonwealth
of Pennsylvania and any other solid waste ordinance of the Township
of Hunlock.
B.
All collectors shall place a copy of the license in each vehicle
operated in the Township. Each vehicle shall bear the number of license
plus a sequential number referring to the vehicle in a conspicuous
location on the exterior of the vehicle.
C.
All vehicles shall be inspected and reinspected annually by an agent
designated by the Township.
D.
No licensed collector shall dispose of any municipal waste collected
in the Township of Hunlock, Luzerne County, Pennsylvania, except at
the disposal facility designated by an executed contract with Luzerne
County.
E.
The penalty for violation of this Part or for operating without a
license in accordance with this Part shall be $500 plus all court
costs and revocation of the license. Each day that a violation continues
shall constitute a separate violation.
[Ord. 2-1990, 12/27/1990, § IV]
It is the responsibility of the Township of Hunlock to ensure
that all terms and conditions of this Part, the Luzerne County Municipal
Waste Management Plan and the Luzerne County designated disposal facility
contract are complied with by the collectors.
[Ord. 2-1990, 12/27/1990, § V]
This Part shall take effect on January 1, 1991.
