This article shall be known and may be cited as the "Solid Waste Management Ordinance of Liberty Township."
[HISTORY: Adopted by the Board of Supervisors of the Township of Liberty as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-5-1998 by Ord. No. 1998-01]
It is hereby declared to be the purpose of this article to coordinate and to regulate the storage, collection, transportation, processing and disposal of all solid waste materials as herein defined in order to protect Liberty Township (hereinafter referred to as "municipality").
For the purpose of this article, the following words and phrases shall have the meanings given herein.
The Municipal Waste Planning, Recycling and Waste Reduction Act,[1] P.L. 556, signed by the Governor on July 28, 1988.
A person, individual, partnership, or corporation or employer or agent thereof authorized by contract and license with the municipality to collect solid waste or recyclable materials from residential, municipal, commercial, and institutional properties as herein defined under the terms and conditions of this article.
Large items of refuse including, but not limited to, appliances, large auto parts, furniture, and large trees and branches which require collection in other than conventional compactor refuse collection vehicles.
All properties used for industrial, municipal or commercial purposes, provided that multiple-dwelling residential buildings containing more than four dwelling units, unless the units are individually owned with separate entrances from the outdoors, for the purposes of this article shall be treated as commercial properties.
The Commonwealth of Pennsylvania.
Organic waste which is capable of undergoing composting.
A facility at which composting is done.
Can, mechanical bin, box, disposable or trash bag used for storage of refuse.
The County of Adams, Pennsylvania.
Any metal container which may be mechanically lifted and emptied into the collection vehicle.
A site, location, tract of land, area, or premises used or intended to be used for solid waste disposal.
A site for the consolidation of waste from one or more sources which has little or no management.
One or more rooms in a dwelling which room or rooms have fixed cooking facilities arranged for occupancy by one person, or two or more persons living together or one family.
A parcel of land with at least five acres of land devoted to agriculture; either to raising crops, nursery stock, Christmas trees, livestock, poultry or pasture.
Empty steel or tin food or beverage containers which attract a magnet.
Animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. It does not include wastes from industrial processing or manufacturing of food products, bodies of dead animals, or human or animal excrement.
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plat glass, blue glass and porcelain and ceramic products.
The elected officials of the municipality.
Solid waste that is especially harmful or potentially harmful to public health as defined in the public health as defined in the Pennsylvania Solid Waste Management Act (Act 97).[2] This shall include, but not be limited to, explosives, toxic materials, and medical wastes. For purposes of this article, hazardous waste does not include small quantities of such waste available on a retail basis to the homeowner (e.g., aerosol cans, fertilizers, herbicides, household cleaners, paints, pesticides, etc.).
See "residential solid waste."
An enclosed device designed to burn or oxidize solid, semisolid, liquid, or gaseous wastes. An incinerator must have air pollution controls.
See "municipal waste landfill."
The buildings, equipment, lands and other facilities owned or controlled by the municipal government, such as the Township municipal building, police station, or municipal garage, etc.
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.
A PADEP-approved method of disposing of refuse on land without creating nuisances or hazards to the public health or safety, as other wise required by the rules and regulations for municipal waste landfills, Chapter 273 of Article VIII, Title 25, Environmental Resources, Pennsylvania Bulletin, Vol. 18, No. 15, April 9, 1988.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Liberty Township, Adams County, Pennsylvania.
Any person who manages any solid waste storage, transfer, processing, or disposal operation.
The Pennsylvania Department of Environmental Protection.
Any individual, firm, partnership, corporation, cooperative enterprise, trust, federal institution or agency, state institution or agency, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law and is the subject of rights and duties.
A plant, establishment, set of equipment or other operation which possesses, handles or otherwise modifies materials provided to it.
All solid wastes, except body wastes; and shall include, but it is not limited to, garbage, ashes, bulky waste, and rubbish; except that refuse shall specifically exclude hazardous waste.
The municipal solid waste regulations for Liberty Township issued as provided by this article.
An occupied single or multifamily dwelling having up to four dwelling units per structure, or each unit in a multifamily structure if the dwelling units are individually owned with separate entrances.
Ordinary trash or solid waste generated by a residential household.
Waste resulting from industrial, mining or agricultural operations; and sludge from a water supply treatment facility, wastewater treatment facility or air pollution control facility, if it is not hazardous.
Solid materials remaining after burning, including but not limited to ashes, metals, glass, ceramics, and unburned organic substances.
A plant, establishment, set of equipment or other operation which recovers useful materials and/or products, including heat, electricity, and/or recyclable materials from otherwise waste materials.
Solid waste exclusive of garbage (e.g., nonrecyclable glass, metal, paper, or plastic and noncompostable plant material, wood, or nonputrescible solid waste).
Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including, but not limited to, automobiles, metals, chemicals, shipping containers, or drums.
The controlled removal of reusable materials at a salvage operation.
See "municipal waste landfill."
Uncontrolled or unauthorized removal of solid wastes.
Ashes, bulky items, garbage, refuse, residues, trash, rubbish, and other wastes, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials, as defined in the Act of July 7, 1980 (P.L. 380, No. 97), known as the Pennsylvania Solid Waste Management Act (SWMA).[3]
The purposeful systematic control of the storage, collection, transportation, processing, and disposal of solid waste.
The Act of July 7, 1980 (P.L. 380, No. 97) known as the Pennsylvania Solid Waste Management Act.[4]
The charge or cost to tip, dump or otherwise dispose of a load of materials such as municipal solid waste at a processing or disposal facility.
A facility which receives and temporarily stores solid waste at a location other than the generation site,, and which facilities the bulk transfer of accumulated solid waste to a facility for further processing or disposal.
Ordinary residential household or commercial solid waste.
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term shall not include source-separated recyclable materials.
A facility used for the incineration of solid waste and the production of steam and electricity or other useful forms of energy.
Liberty Township shall be responsible for the oversight of all aspects of solid waste management within the municipality and shall be responsible for enforcing any violations of this article or of any of the regulations issued hereunder.
It shall be voluntary for every dwelling unit and commercial establishment within the municipality to have all their solid waste collected in accordance with the schedule set forth in § 251-12 of this article by the authorized collector and to be responsible for the payment of said collection according to the fees set forth in § 251-8 of this article. Those dwelling units and commercial establishments that do not voluntarily participate in having the authorized collector collect and haul their solid waste must personally remove their waste to a licensed and permitted landfill.
It shall be unlawful for any person other than an authorized collector to collect and haul solid waste of any nature within or from the municipality.
All solid waste within the limits of the municipality shall be collected and removed by an authorized collector who shall be under contract with and granted a license by the municipality for the collection thereof, and shall be disposed of by such authorized collector as set forth hereinafter and/or in the manner provided for in said contract. All such contracts shall be entered into from time to time as shall be authorized by the Board of Supervisors, such contracts to be executed by the Chairman and Secretary of the Board of Supervisors over the seal of the municipality and shall contain, in addition to the requirements of this article, such other provisions not in conflict herewith as may be deemed advisable and to require that the authorized collector shall deliver to Liberty Township a bond in such amount as is deemed necessary and reasonable under the circumstances, with security approved by the Board of Supervisors, conditioned for the faithful performance of the contract.
A.
Residential customers:
(1)
The fees for collection and disposal of solid waste from residential property shall be at a rate as fixed by the Board of Supervisors in accordance with any and all contracts with the authorized collector from time to time and shall be subject to change as the volume of solid waste collected or collection costs vary. However, all such fees shall be at a uniform rate per residential customer per quarter.
(2)
The fee for solid waste disposal shall be the responsibility of the dwelling unit owner.
B.
Commercial properties:
(1)
The fees for collection and disposal of solid waste from commercial properties shall be fixed by contract between the Township and the authorized collector and shall be subject to change as the volumes or refuse collected or collection costs vary.
(2)
The fee set for collection of solid waste of commercial properties shall be paid by the owner, tenant, lessee or occupant of the premises, but shall be the ultimate responsibility of the property owner.
A.
No person shall permit any solid waste to accumulate and be stored or placed outside the residence or other buildings upon property owned or occupied by said person in the Township for a period longer than seven days.
B.
Owners and occupiers of residential property are hereby required to make accumulated solid waste available for collection as scheduled under the terms hereof or personally promptly remove accumulated solid waste.
D.
All solid waste accumulated on any residential property in the Township shall be collected, conveyed and disposed of by an authorized collector in accordance with the provisions of this article.
E.
All solid waste accumulated on commercial, institutional and Township properties shall be collected as scheduled under the terms hereof; provided, however, that upon application to the Township the manner of collection service may be agreed upon privately with the authorized collector.
F.
It shall be unlawful for any person to collect and dispose of any solid waste within the Township for a fee except as provided in this article.
A.
It shall be unlawful to keep or allow in or about any dwelling or upon any land or other premises within the Township solid waste of any kind which is obnoxious or offensive by reason of dust or odor, or which attracts insects and vermin, except in covered receptacles. The accumulation of any of said solid waste so as to constitute a menace to the health and safety, it being a presumption that such a menace exists when more than seven days have elapsed after such solid waste is originally retained, accumulated or permitted to accumulate in the open, and nothing herein contained shall be construed to permit the retention of any solid waste which is or becomes obnoxious or offensive by reason of dust or odor, or which attracts insects or vermin.
B.
No hazardous waste shall be stored or placed for collection on residential property except for small quantities of such waste normally found in the household and available on retail basis to the homeowner.
A.
Every person shall provide sufficient approved containers for receiving and holding solid waste. Containers shall be kept in a sanitary condition at all times.
B.
Containers shall be kept tightly covered at all times.
C.
Containers shall be stored on the owner's property.
D.
When mechanical bins or detachable containers are in use, they shall be easily accessible to the collection vehicle.
E.
The Township specifically reserves the right to modify and to specifically provide for some other receptacle for the handling of solid waste, which the governing body may at some future time deem to be acceptable, appropriate, and beneficial for handling of said solid waste material.
A.
Collection requirements.
(1)
All household solid waste shall be collected at least once each week, with the exception of recyclable materials, bulky waste, and dead animals. All commercial, institutional, other municipal and industrial solid waste shall be collected as often as required to prevent accumulation of the volumes generated and to avoid or prevent environmental problems.
(2)
Bulky waste, dead animals, etc., shall be collected as necessary. (See below.)
B.
The authorized collector of household solid waste shall establish, record, and publish or make available to all households and other customers regular collection schedules. If a collection day falls on a holiday, the collector shall notify all customers of when collection will be made.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Place of collection.
(1)
Refuse containers shall, for the purpose of collection, be placed at the curb or street line, at ground level, and made readily accessible to the collector.
(2)
Notwithstanding provisions of this article, residential property owners, commercial establishments, or other persons may, by mutual agreement with an authorized collector, be permitted to place containers at a location on their property other than as specified in Subsection C(1).
(3)
Collections shall be made from all properties throughout the Township that wish to contract for collection with the authorized collector.
D.
Frequency of collection.
(1)
Collection: schedule and routes. The authorized collector shall collect solid waste, as defined herein, throughout the Township on routes and schedules developed and mutually agreed upon by the governing body, and the collector and may be modified from time to time as necessary and as agreed upon by the governing body.
(2)
Cleanup and special collections. The authorized collector shall, on scheduled routes, cooperate with special cleanup drives as may be promulgated by the governing body, which shall not exceed two in number in any one year. In addition, upon request, the collector shall provide a separate and special collection or a day or days as may be required.
E.
Collection of bulky wastes (i.e., large objects, used appliances, etc.). The person requiring removal from the premises and disposal of large objects, such as mattresses, bed springs, used appliances, etc., shall make special arrangements with the authorized collector.
F.
Collection of demolition debris and construction wastes. The person requiring removal from the premises and disposal of demolition debris and construction wastes shall make special arrangements with the authorized collector or other private collector/hauler to have the debris or waste taken to an approved disposal facility.
G.
Dead animals. Any person who observes a dead animal on a public roadway or wishes the collection and disposal of a dead animal from private property shall notify the nearest county or state health department to have the dead animal removed and transported to an approved disposal facility.
I.
Farm wastes. Animal manure and other farm wastes are excluded from the provisions of this article and any regulations issued therefrom.
J.
Industrial residues. Residues from any industrial operations are excluded from the provisions of this article and any regulation issued therefrom.
K.
Septic and other sludges. Materials removed from septic tanks, storm drains, manholes and other sludges are excluded from the provisions of this article and any regulations issued therefrom.
A.
All vehicles used for collection of solid waste, except recyclable materials and large, bulky wastes, shall have enclosed cargo space, unless such collection is done by private individuals from solid waste generated on private property; at which time, appropriate containers shall be utilized; and all other provisions of this article affecting such collection shall be adhered to.
B.
It shall be unlawful to collect, haul, transport or convey solid waste in open, unenclosed vehicles, unless such refuse is hauled from private property by the owner; except that open-type vehicles may be used for the collection of clean, nonputrescible recyclable materials such as newspapers, glass and metals and for the collection of large items of debris which cannot, because of size, be collected by ordinary means, in accordance with the provisions of § 251-12.
C.
Trucks shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the laws of the Commonwealth of Pennsylvania, the County of Adams, and Liberty Township.
D.
Vehicles and equipment shall not be overloaded so that garbage or trash may spill or drop on the highways or street, and the equipment shall be so designed or maintained so as to prevent the leakage of fluids. All trucks shall be regularly cleaned and kept in proper condition and shall bear the name and address of the contractor plainly visible on both cab doors.
E.
The authorized collector shall be required to have liability, automobile insurance, and such other insurance coverage as the Township deems necessary in amounts established by the Township, and the authorized collector shall provide appropriate certifications thereof.
A.
All storage of solid waste after separation of recyclable materials and collection and before disposal shall only be in transfer stations which conform to the regulations of the Commonwealth of Pennsylvania and the County of Adams.
B.
All plans and specifications for transfer stations shall be submitted for approval and permit issuance to the County of Adams and to the Commonwealth of Pennsylvania. A permit must be received from the commonwealth before operation commences.
C.
All storage of solid waste in transfer stations shall be limited to no more than 48 hours.
D.
Operators of transfer stations must submit to the Township a contingency plan for the disposition of solid waste which is not able to be removed from the site within 48 hours because of an emergency situation.
A.
It shall be unlawful for any collector to dump, process, destroy, bury or otherwise dispose of solid waste within the jurisdictional limits of the Township except at facilities approved and permitted by the County of Adams and the PADEP.
B.
All collectors shall dispose of the solid waste from the Township at a sanitary landfill, incinerator, composting facility, resource recovery facility, transfer station, waste-to-energy plant, or other facility approved and permitted by the PADEP or equivalent agency of another state.
A.
All solid waste processing shall be accomplished by approved methods in properly permitted facilities, including but not limited to composting plants, incinerators, recycling centers, resources recovery facilities, waste-to-energy plants, and salvage operations, conforming to all the applicable laws, ordinances, and zoning requirements.
B.
All plans and specifications shall be approved by the PADEP prior to the construction and operation of such processing facilities.
C.
All composting facilities, incinerators, recycling centers, resource recovery facilities, transfer stations, waste-to-energy plants, and other processing facilities shall be operated according to standards established by the PADEP.
A.
It shall be unlawful for any person to scavenge any materials delivered and deposited for disposal except as may be provided for in the Township's solid waste rules and regulations promulgated under this article.
B.
It shall be unlawful for any person to salvage or reclaim any solid waste except at a properly permitted facility in which salvage is an integral plan of operation.
C.
It shall be unlawful for any person to use, maintain, or operate an open dump.
D.
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, body of water, public or private property except as provided in this article.
A.
All containers, vehicles, equipment, transfer stations, processing facilities, disposal sites, books and records of authorized, unauthorized or prospective collectors, storers, processors, and disposers are subject to inspection by the Township or its authorized agent at any reasonable hour without prior notice.
B.
All solid waste storage, transfer, processing or disposal facilities within the Township shall also be inspected immediately prior to commencement of operation of the site and at least once per year thereafter in concert with representatives of the commonwealth.
C.
If violations of this article are discovered in the course of these inspections, the Township police and Zoning Enforcement Officer are empowered to enforce this article.
Prior to operation of any solid waste storage, recycling, transfer, processing, or disposal facility within the Township, the applicant shall be required to present evidence of insurance coverage, including environmental insurance coverage.
The Board of Supervisors of Liberty Township may petition the Adams County Court for an injunction, either mandatory or prohibitive, to enforce any decision regarding the implementation and enforcement of this article.
[Amended 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.
The provisions of this article are severable, and, if any of its sections, clauses, or sentences be held illegal, invalid or unconstitutional, such illegality, invalidity or unconstitutionality shall not affect or impair any of the remaining sections, clauses, or sentences of this article.
This article shall become effective upon enactment.