[Amended 12-5-1983 by Ord. No. 2-83]
The following terms, whenever used in this article, have the
meaning indicated in this section, except where the context indicates
a clearly different meaning:
ASHES
The residue from the burning of wood, coal, coke, or other
combustible material.
BULKY WASTE
Large items of refuse, including but not limited to appliances,
furniture, large auto parts, trees, branches and stumps.
CELL
Compacted refuse completely enclosed by cover material.
COMMERCIAL WASTE
All solid waste emanating from establishments engaged in
business. This category includes but is not limited to solid waste
originating in stores, markets, office buildings, restaurants, shopping
centers and theatres.
COMPOSTING
The decomposition of solid waste material of organic composition
through chemical and biological processes usually resulting in a plant
food or soil conditioner.
CONSTRUCTION AND DEMOLITION WASTE
Waste building materials and rubble resulting from construction,
remodeling, repair and demolition operations on houses, commercial
buildings, other structures and pavements.
DOMESTIC WASTE
Solid waste, comprised of garbage or rubbish, which normally
originates in the residential private household or apartment house.
GARBAGE
Solid waste resulting from animal, grain, fruit, or vegetable
matter used or intended for use as food.
GROUNDWATER
Water in the ground that is in the zone of saturation.
HAZARDOUS WASTE
Solid waste with certain inherent dangers. This category
includes but is not limited to chemicals, acids, explosives, pathological
wastes and radioactive materials.
INCINERATION
The process of burning combustible solid waste to an inoffensive
gas and inert residue.
INDUSTRIAL WASTE
All solid and liquid wastes resulting from manufacturing
and industrial processes, including but not limited to the by-product
and/or result of sewage, sanitary, water purification and/or similar
processes such as those carried on in factories, processing plants,
refineries, slaughter houses, steel mills, water treatment plants,
sewage sanitation plants, and other related activities. Additionally,
said term shall specifically include, in addition to the above and
the reasonable extension thereto, any and all waste which is produced
or otherwise results from any process or activity wherein by-products
and/or water or liquids used to operate or in said process must be
treated and/or disposed of.
INSTITUTIONAL WASTE
All solid waste emanating from institutions such as hospitals,
nursing homes, orphanages, schools and universities.
LEACHATE
Liquid wastes which result and discharge from the deposition
of solid wastes in landfill areas.
PERSON
A natural person, corporation, municipality, partnership,
association, institution, cooperative enterprise or legal entity.
PREMISES
A tract or parcel of land with or without habitable buildings.
REFUSE
All solid waste, excluding ashes and garbage, consisting
of, but not limited to, rubbish, paper, cardboard, tin cans, yard
clippings, wood, glass, bedding, crockery, metals and street cleanings.
Body wastes and hazardous materials shall not be included within this
definition.
SALVAGING
The controlled removal of reusable materials from solid wastes.
SANITARY LANDFILL
A method of disposing of solid wastes on or in ground by
compaction and covering with soil and appropriate materials approved
by the Board of Supervisors of Robinson Township, without creating
fires, nuisances or hazards to public health and safety.
SCAVENGING
The uncontrolled removal of usable materials.
SOLID WASTE
All or parts of combinations of ashes, garbage, refuse, hazardous
material, combustible demolition materials and industrial wastes.
SOLID WASTE MANAGEMENT SYSTEM
The entire process or any part of storage, collection, transportation,
processing and disposal of solid wastes by any person engaging in
such process as a business or any municipality, county or any combination
thereof.
SUPERVISORS
The duly elected Supervisors of Robinson Township.
SURFACE WATER
Any body of water whose top surface is exposed to the atmosphere
including flowing bodies as well as natural or man-made ponds and
lakes.
TRANSFER STATION
An approved site and facilities for the transfer, temporary
storage and necessary processing of solid wastes from collection vehicles
to transporting vehicle, railway cars, barges or other vessels to
a disposal site in a manner approved by the Board of Supervisors of
Robinson Township.
Transfer stations shall be prohibited within the Township. No person shall be permitted to operate a solid waste management system or sanitary landfill in Robinson Township nor shall any sanitary landfill or solid waste management system be established or operated within the Township unless located in zones approved by and in conformance with the requirements of Chapter
420, Zoning. From and after the effective date of this article, it shall be unlawful for any person to operate a sanitary landfill or solid waste management system except those sanitary landfills or solid waste management systems not in operation, and which have been duly licensed by the Township of Robinson and by the Health Department of the Commonwealth of Pennsylvania.
No person shall be permitted to deposit in any sanitary landfill
or solid waste management system any of the following:
C. Acids which are a by-product of any industry, including but not limited
to mill acids.
The application form for a permit to operate a solid waste processing
or disposal facility, sanitary landfill or solid waste management
system shall require such information as the Supervisors deem necessary
and shall contain or be accompanied by the following information and
data:
A. Design requirements.
(1) All solid waste processing or disposal facility or area operations,
sanitary landfills or solid waste management systems shall be designed
in accordance with the requirements of this article by a registered
professional engineer and shall bear the signature and seal of the
registered professional engineer.
(2) Background data shall include:
(a)
Present and estimated future contributory populations for the
design life.
(b)
Per capita daily refuse quantities in weight and volume.
(c)
Ratio of the maximum daily volume anticipated to the average
daily volume anticipated.
(3) Topographic maps should be submitted in triplicate (three copies)
and shall be drawn to the scale of 200 feet to the one inch or larger
and shall contain five-foot contour intervals. Topographic maps shall
include as a minimum the following information:
(a)
Legal property boundaries of the proposed site;
(c)
Proposed traffic patterns;
(e)
Location of weighing facilities;
(f)
Location of existing and proposed utilities.
(4) Plans submitted shall indicate suitable provisions to prevent water
pollution.
(5) Such further information as may be required to insure that the proposed
solid waste processing or disposal facility complies with this article
shall also accompany the permit application.
(6) A permit from the Commonwealth of Pennsylvania, Department of Environmental
Protection, and from the County of Washington for the operation of
a solid waste management system or sanitary landfill.
B. When the Supervisors have found an application incomplete, the applicant
shall be notified, in writing, within 30 days.
C. Upon the approval of such application by the Supervisors, they may
issue a permit to the applicant, provided the Supervisors find the
following:
(1) The solid waste management system or sanitary landfill complies with
the standards contained in this article and other applicable rules
and regulations of the Commonwealth of Pennsylvania and the County
of Washington.
(2) The applicant has paid a license fee of $500 which is due within
10 days after notification of approval of the application.
D. In the event a permit is denied, the Supervisors shall give prompt
written notice to the applicant.
E. The permit shall be posted in a conspicuous place at the principal
business site of the licensee.
F. The permit is nontransferable.
G. The owner or operator shall promptly notify the Supervisors of any
transfer, sale or change in the status of the operation covered by
this article.
H. A permit issued under this article shall expire on the 31st day of
December. Permits shall be renewable annually, in the same manner
and upon payment of the same annual fee.
I. Permits may be revoked by the Supervisors at such times when provisions
of these rules and regulations are not adhered to.
[Amended 12-4-1978 by Ord. No. 2-78]
A. In order to carry out the purpose and provisions of this article,
the Supervisors or their duly authorized agents or representative,
upon showing proper identification of office, may enter and inspect
any property, records and equipment at all reasonable times and in
an emergency at any time. The owner, operator, employee or any persons
having custody or control of such property, records or equipment shall
give the Supervisors or their duly authorized agents or representatives
free access for the purpose of such inspection.
B. It shall be the duty of the Supervisors or such other person or Township
official as may be named for this purpose by the Supervisors to make
or cause to be made an annual inspection of all sanitary landfills,
solid waste management systems, vehicles and other equipment used
in any or all of the above-named disposal systems maintained by any
person whatsoever in Robinson Township. At the same time, the Supervisors
or their duly authorized agents or representatives may make or cause
to be made biannually, or as often as necessary, inspections of the
books, records and weigh stations of any and all sanitary landfills
or solid waste management systems.
C. The Supervisors or other person appointed to make the inspections designated and enumerated in §
358-6 shall make a report, in writing, to the Supervisors at its next regular monthly meeting, and the report shall include the number of tons of refuse and/or waste that have been deposited in the sanitary landfill or solid waste management system.
D. For the purpose of defraying the expense of inspection aforesaid,
and other expenses, and for purposes of arriving at a contract price
as between the Township and organizations or persons desiring to dispose
of refuse and/or waste and/or other material permitted by this article,
the Township Supervisors shall, within their discretion and in accordance
with the law, set fees and contract amounts and cause the same to
be inserted in contracts with the person or organization desiring
to dispose of landfill.
E. On or before the fifth day of each and every month, it shall be the
duty of the owner, operator, lessee or other person in possession
or control of any solid waste management system or sanitary landfill
to supply to the Township of Robinson a statement setting forth the
number of tons of refuse and/or waste deposited as well as the number
of vehicles which made deposits of refuse and/or waste.
F. The Township Secretary shall prepare a statement in accordance with
the foregoing sections and shall forward such statement to any person,
owner, operator or lessee maintaining and/or operating a sanitary
landfill or solid waste management system.
Whenever the Supervisors determine that an emergency exists
which necessitates immediate action to protect the public health,
safety or welfare, they shall issue a written order reciting the existence
of the emergency and requiring corrective action necessary to meet
the emergency. Notwithstanding the provisions of this article, this
order shall be effective upon service and shall be complied with immediately.
The Supervisors, in the enforcement of the standards contained
in this article, shall adopt by reference all applicable laws, regulations
and standards of the Commonwealth of Pennsylvania, which are incorporated
herein by reference thereto as though herein fully set forth. These
laws and regulations, with current amendments, applicable to solid
waste management systems and sanitary landfills shall be used by the
Supervisors in the exercise of their office.
It shall be unlawful for any person to install, construct, extensively
alter or operate any solid waste management system, sanitary landfill,
incinerator, composting process or any approved method for the disposal
of solid wastes unless such person has complied with the requirements
and standards contained in this article and the rules and regulations
of the Commonwealth of Pennsylvania.
It shall be unlawful for any person to dispose or cause the
disposal of solid waste upon any public or private property or into
the waters of the Commonwealth of Pennsylvania in Robinson Township
except in an approved manner as provided by this article. This section
shall not be construed to prohibit the disposal of domestic garbage
or refuse from private residences or other facilities by private or
municipal garbage grinders which does not create an odor, public health
hazard or nuisance.
Planning, design and operation of any solid waste processing
or disposal facility or area of a solid waste management system, including
but not limited to sanitary landfills, incinerators, compost plants,
and the solid waste salvage operations, shall be in accordance with
the standards adopted by the Board of Supervisors in this article.
The Supervisors, upon their own recommendation, may from time to time
revise such standards as they deem necessary to prevent nuisances
and pollution of the air, land or waters of Robinson Township. Such
standards and revisions shall include procedures to insure suitability
of the site and proper operation of the sanitary landfill, incinerator,
compost plant, solid waste salvage operation or other solid waste
processing or disposal operation. No person shall operate such solid
waste processing or disposal area or a solid waste management system
which is not in compliance with these standards.
In the event of the failure to comply with an order issued pursuant
to any section or subsection of this article, the Supervisors may
institute appropriate actions or proceedings in the name of the Township
of Robinson at law or in equity to restrain, correct or abate the
violation of any order of this article, or they may cause this order
to be carried out at the expense of the Township. The Township may
recover the amount of the expense by action at law or in equity as
the case may be.
Any person aggrieved by any action of the Supervisors may request
and shall be granted a hearing as follows:
A. The person aggrieved shall notify the Supervisors of Robinson Township,
in writing, of his request for a hearing.
B. Within 30 days after receipt of this written request for a hearing,
the Supervisors shall give notice to the person aggrieved as to the
time and place of the hearing and the person aggrieved shall have
an opportunity to present evidence of his compliance with this article.
C. After hearing, the Supervisors shall within 30 days issue a permit,
if the aggrieved person submits sufficient evidence of compliance
with this article. In the event that the person aggrieved fails to
show evidence that this article has been complied with, the Board
of Supervisors shall notify the person aggrieved that he continues
in violation of the article, giving notice of the specific provisions
of this article that are in violation and that the operations must
cease and desist or that the violation must be abated or corrected
within the time prescribed by the Board of Supervisors.
It shall be unlawful for any person to transport solid waste
in a vehicle that is not currently under valid permit by the Supervisors.
Application for the permit shall be made on forms provided by the
Supervisors by any person intending to engage in the transportation
of solid waste for each vehicle used for this purpose. Upon approval
of such application, the Supervisors shall issue a permit to the applicant,
provided the Supervisors find that:
A. The transportation vehicle complies with the standards contained
in this part and other applicable rules and regulations and laws of
the Commonwealth of Pennsylvania.
B. Each transportation permittee shall file monthly with the Supervisors
a statement listing the number of loads of solid waste handled each
day, setting forth the sources from which it was obtained, the weight
or volume and the place of disposal or incineration of each load.
C. From and after the effective date of this article, it shall be unlawful
for any person to operate a garbage collection business or to transport,
haul or otherwise dispose of garbage in Robinson Township through
the use of a vehicle without first having obtained a permit for each
vehicle and to pay to the Township of Robinson an annual permit fee
of $10 for each vehicle in use in the collection, transporting or
otherwise disposing of rubbish, garbage or refuse as defined in this
article. On payment of the license fee for each vehicle aforesaid,
the Township of Robinson shall issue a license to each vehicle.
No person other than those licensed by the Supervisors of Robinson
Township shall be permitted to operate, maintain, control or otherwise
use a sanitary landfill or solid waste management system for the purpose
of collecting any of the enumerated articles set forth in this article
and disposing of them in such system without first having attained
the license from the Supervisors of Robinson Township.
The sanitary landfill or solid waste management system for the
receipt of garbage, rubbish, waste material and other articles mentioned
in the definitions hereinabove set forth shall be subject to inspection
by the Supervisors on a regular monthly basis or at such other times
as the Supervisors deem it necessary to make inspections, or upon
proper complaints made to the Supervisors from the Township officials
or from citizens of the Township with respect to the condition of
the sanitary landfill or solid waste management system. Notices of
violation shall be as hereinabove set forth.
[Amended 9-9-1985 by Ord.
No. 1-85; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
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.