[HISTORY: Adopted by the Board of Supervisors of the Township of Nottingham at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
This chapter shall be known and referred to as the "Municipal Solid Waste Ordinance."
A. 
The following words and phrases as used in this chapter shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101); 53 P.S. § 4000.101 et seq.
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980); 35 P.S. § 6018.101 et seq.
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 is engaged in the collection and/or transportation or 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 Washington County Board of County Commissioners.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection (DEP).
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.
HAULER or PRIVATE COLLECTOR
Any person, firm, copartnership, association or corporation who has been licensed by the municipality or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.
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 material, but not including grass clippings.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any municipal waste collector or hauler possessing a current, valid municipal license issued by the Township of Nottingham pursuant to Article II of this chapter.
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.
MUNICIPAL WASTE LANDFILL
Any facility that is designed, operated and maintained for the disposal of municipal waste and permitted by the Pennsylvania DEP for such purposes.
MUNICIPALITY
The Township of Nottingham, Washington County, Pennsylvania.
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 chapter 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.
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 or all of such materials for off-site reuse. Processing facilities include, but are not limited to, transfer stations, composting facilities and resources recovery facilities.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste, or the mechanical separation and treatment of municipal waste (other than combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
REFUSE
Solid waste materials which are discarded as useless.
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.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin or generation for the purpose of recycling.
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.
B. 
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
References made to the statutes and regulations set forth in Act 97 and Act 101 by the Commonwealth of Pennsylvania herein would include any acts or regulations that may be adopted by the Commonwealth amending those statutes or regulations.
A. 
It shall be unlawful for any person, owner or owners of any property to dump, accumulate or permit to dump or accumulate on any public or private property within the municipality, any garbage, rubbish, bulky waste or any other municipal or residual waste of any kind except in accordance with applicable Department rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania.
B. 
It shall be unlawful for any person to burn any material whatsoever within the municipality except in accordance with Chapter 131, Burning, Open, of the Code of the Township of Nottingham, and all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101 that is otherwise regulated by the Department of Environmental Protection Bureau of Air Quality.
C. 
It shall be unlawful for any person to process and/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 by the Commonwealth of Pennsylvania.
D. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the municipality without prior written approval from the municipality.
E. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the municipality except at an approved and permitted resource recovery facility under any applicable Department rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania.
F. 
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 municipality except as provided in this chapter.
G. 
It shall be unlawful for any person to fail to pay the charges and/or fees submitted by the licensed hauler.
H. 
It shall be unlawful for any person to collect and/or transport municipal solid waste from any sources within Nottingham Township in a manner not in accordance with the provisions of this chapter and the minimum standards and requirements established in Chapter 285 of the DEP's Municipal Waste Management Regulations.
I. 
It shall be unlawful for any person to transport any municipal waste collected from within Nottingham Township to any processing and/or disposal facility other than those facilities which are properly permitted by the Pennsylvania DEP or other applicable regulatory agency.
J. 
It shall be unlawful for any person to scavenge any material from any municipal waste or source-separated recyclable materials that are stored or placed for subsequent collection within Nottingham Township without prior approval from the municipality.
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 create 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, Regulations for the Storage of Municipal Waste.
D. 
All persons shall comply with the specifications contained in the contract between the municipality and the licensed waste hauler as are now in effect and/or as are promulgated in the future, and the failure to do so shall be a violation of this chapter.
A. 
The municipality may enter into a contract with private collectors to provide residential waste collection services.
B. 
If the municipality contracts with private collectors to provide residential waste collection services, all households shall utilize the residential collection service provided by the municipality.
C. 
All multifamily residential sources with more than four rental units and commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the municipality's collector or any other properly licensed waste hauler of their choice.
D. 
All 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.
E. 
All municipal waste collected within the municipality 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.
F. 
Residential collection schedules shall be published regularly by the municipality or the contracted hauler.
A. 
The rate of charges to each household dwelling for the collection and disposal of solid wastes shall be in accordance with the agreement between the municipality and contracted hauler.
B. 
The municipality's contracted hauler and other licensed haulers shall be responsible for the collection of any fees for solid waste collection and disposal services provided to residential, commercial, institutional or industrial sources within the municipality.
A. 
All collectors or waste haulers operating within the Township must comply with the following minimum standards and regulations:
(1) 
All trucks or other vehicles used for collection and transportation of municipal waste must comply with the requirements of Act 97 and Act 101 and Department regulations adopted pursuant to Act 97 and Act 101, including the Title 25, Chapter 285, Subchapter B, Regulations for the Collection and Transportation of Municipal Waste.
(2) 
All collection vehicles conveying municipal waste shall be operated and maintained in a manner that will prevent creation of a nuisance or a hazard to public health, safety and welfare.
(3) 
All collection vehicles conveying putrescible municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors and the creation of odors and other nuisances.
(4) 
All collection vehicles conveying nonputrescible municipal waste shall be capable of being enclosed or covered to prevent litter and other nuisances.
(5) 
All collection vehicles conveying municipal waste shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of municipal waste transported by the vehicle. All such signs shall have lettering which is at least six inches in height as required by Act 101.
B. 
All collection vehicles and equipment used by collectors or haulers shall be subject to inspection by the Township or its authorized agents at any reasonable hour without prior notification.
A. 
All collectors shall maintain current, up-to-date records of the customers serviced within Nottingham Township. Such records and customer lists shall be subject to inspection and made available to municipality or its authorized agents upon request.
B. 
Each collector shall prepare and submit a semiannual report to the Township. The report for the first half of the year (January through June) shall be submitted on or before July 31 and the report for the second half of each year (July through December) shall be submitted by January 31 of the following year. At a minimum, the following information shall be included in each report:
(1) 
Total weight of each type of municipal waste collected from all sources within municipality during each month of reporting period.
(2) 
Name of each processing/disposal facility used during the reporting period and total weight of each type of municipal waste delivered to each site during each month of the reporting period.
In the event that any person other than a licensed hauler is found to be in violation of this chapter, the municipality may issue a written notice of violation to the alleged violator. This notice shall be in writing and sent by certified mail with return receipt requested. The notice shall state the nature of the violation(s) and the necessary corrective actions required in detail. The person notified shall be provided a reasonable time period (stated in notice) to correct the violations.
A. 
Any person who violates or permits a violation of this chapter 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 chapter that is violated shall also constitute a separate offense.
The Township of Nottingham may petition the Court of Common Pleas of Washington County for an injunction, either mandatory or prohibitive, in order to enforce any of the provisions of this chapter.
In the event that any section, paragraph, sentence, clause or phrases of this chapter, or any part thereof, shall be declared illegal, invalid or unconstitutional for any reason, the remaining provisions of this chapter shall not be affected, impaired or invalidated by such action.