[Adopted 7-3-1991 by Ord. No. 7-91]
This article shall be known and referred to as the "Municipal Solid Waste Ordinance."
[Amended 1-24-1994 by Ord. No. 3-94]
A. 
As used in this article, the following terms shall have the meanings indicated:
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101).[1]
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[2]
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 size, shape or weight.
COLLECTOR OR WASTE HAULER
Any person, firm, partnership, corporation or public agency who or which is engaged in the collection and/or transportation of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
CONTAINER
A portable device in which waste is held temporarily for storage or transportation.
COUNTY
The County of Washington or the County of Washington Board of Commissioners.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection (PADEP).
DISPOSAL
The deposition, injection, dumping, spilling, 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 to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
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.
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.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any municipal waste collector or hauler possessing a current, valid municipal license issued by the Township of Cecil pursuant to Ordinance No. 8-91 (Article III of this chapter).
MUNICIPALITY
The Township of Cecil, Washington County, Pennsylvania.
MUNICIPAL WASTE
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.
PERSON
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 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 any other legal entity having officers and directors.
RESIDENTIAL UNIT
Any place containing living quarters, including but not limited to single-family dwellings, multifamily dwellings, apartments, apartment buildings, townhouses, duplexes, condominiums, motels and hotels.
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.
SALVAGING
The controlled removal or recycling of material from a solid waste processing or disposal facility.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
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 shall constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[Amended 1-24-1994 by Ord. No. 3-94]
A. 
It shall be unlawful for any person to accumulate or permit to accumulate on any public or private property within the Township 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. 
It shall be unlawful for any person to burn any solid waste within the Township except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
C. 
It shall be unlawful for any person to process and/or dispose any solid waste in the Township except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
D. 
It shall be unlawful for any person to collect, haul, transport or remove any solid waste from public or private property within the Township without a current, valid license to do so issued by the Township of Cecil.
E. 
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 written approval from the Township.
F. 
It shall be unlawful for any person to salvage or reclaim any solid waste within the Township except at an approved and permitted resource recovery facility under any applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
G. 
It shall be unlawful for any person to use any municipal waste hauler other than the hauler approved by and/or with whom the Township has contracted.
H. 
All owners, landlords, tenants, possessors and/or users of residential units shall use the services provided by the Township-approved residential hauler and be responsible for the service fee.
A. 
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 creates safety hazards, odors, unsightliness or public nuisances.
B. 
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 materials therein.
C. 
Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter A, "Storage of Municipal Waste."
A. 
All households, homeowners, commercial, industrial and institutional establishments within the Township shall utilize the services of a licensed collector for disposal of their domestic waste or household waste.
B. 
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, "Collection and Transportation of Municipal Waste."
C. 
All municipal waste collected within the Township shall only be conveyed or transported to a transfer station, processing facility, and/or disposal site permitted by the Department of Environmental Protection and/or other regulatory agencies pursuant to the approved Municipal Waste Management Plan for Washington County.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall collect, remove, haul or transport any municipal or solid waste upon or through any streets or alleys of the Township without first obtaining a license from the Township of Cecil pursuant to the requirements of Ordinance No. 8-91 (Article III of this chapter).
The Township may petition the Court of Common Pleas, Washington County, for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedures, 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 article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).