[See also Chapter 27, Zoning, § 27-402(7)(G)]
[Ord. 3/10/1988A, § 1]
This Part 1 shall be known and may be cited as the "Montour
Township Municipal Waste Management Regulations."
[Ord. 3/10/1988A, § 2; as amended by Ord. 1/16/2002B, § 1]
As used in this Part 1, the following terms shall have the meanings
indicated:
Incineration, deposition, injection, dumping, spilling, leaking
or placing of municipal waste into or on the land or water in such
a manner that the municipal waste or a constituent thereof enters
the environment, is emitted into the air or is discharged into the
waters of the Commonwealth of Pennsylvania.
Any site, location, area, building, structure, transfer station
or premises to be used for municipal waste disposal.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
All products made from silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packaging
or bottling of various matter and all other material commonly known
as glass excluding, however, blue and flat glass and glass commonly
known as window glass.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semi-solid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities,
except farm produced manure, other agricultural waste and food processing
waste used on land where such materials will improve the condition
of the soil, the growth of crops, or the restoration of the land for
the same purposes, and any sludge not meeting the definition of residual
or hazardous wastes as defined in Pennsylvania Act 97, 35 P.S. § 6018.101
et seq.
Paper of the type commonly referred to as newsprint and distributed
at stated intervals, usually daily or weekly, having printed thereon
news and opinions and containing advertisements and other matters
of public interest. Magazines and periodicals as well as all other
paper products of any nature are not considered newspaper.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, Federal government or
agency, or any other legal entity whatsoever which is recognized by
law as the subject of rights and duties.
Materials having an economic value in the secondary materials
market. The following materials have such economic value: aluminum
cans and articles, bimetal cans, glass containers, corrugated paper
(cardboard and paper bags), magazines, computer printout paper, computer
tab cards, office paper, steel cans, newspaper and paper products
not chemically coated.
Garbage, rubbish and trade waste.
The containment of any waste on a temporary basis in such
a manner as to not constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year constitutes
disposal. The presumption can be overcome by clear and convincing
evidence to the contrary.
Montour Township, Columbia County, Pennsylvania.
The off-site removal of any municipal waste at any time after
generation.
[Ord. 3/10/1988A, § 3]
It shall be unlawful for any person to store, dump, discard
or deposit; or permit the storage, dumping, discarding or depositing
of any municipal waste upon the surface of the ground or underground
within the jurisdictional limits of the Township, except in proper
containers for purposes of storage or collection, and except where
the waste is of such size or shape as not to permit its being placed
in such containers.
[Ord. 3/10/1988A, § 4]
It shall be unlawful for any person to dump or deposit municipal
waste in any stream or body of water within the jurisdictional limits
of the Township.
[Ord. 3/10/1988A, § 5]
Nothing contained herein shall be deemed to prohibit any person
from hauling such municipal waste on an irregular and unscheduled
basis, to any facility permitted by the Commonwealth of Pennsylvania,
Department of Environmental Protection.
[Ord. 3/10/1988A, § 6]
Nothing contained in this Part 1 shall prohibit a farmer from
carrying out the normal activities of his farming operation, including
composting[1] and spreading of manure or other farm-produced agricultural
wastes.
[1]
Editor's Note: Ord. 3/10/1988A read "composing."
[Ord. 1/16/2002B, § 2]
[Ord. 3/10/1988A, § 8]
Persons who collect, transport and dispose of their own municipal
waste are hereby authorized to do so, provided that they comply with
all relevant provisions of this Part 1.
[Ord. 1/16/2002B, § 2]
[Ord. 3/10/1988A, § 10]
The storage of all municipal waste shall be practiced so as
to prevent the attraction, breeding or harborage of insects or rodents
and to prevent conditions which may create potential hazards to the
public health or which create fire and other safety hazards, odors,
unsightliness or public nuisance.
[Ord. 3/10/1988A, § 11]
Any person accumulating or storing garbage on private or public
property in the Township for any purpose whatsoever, including waste
being stored temporarily for door-to-door collection, shall place
the same or cause the same to be placed in sanitary closed or covered
containers. Plastic trash bags, if not punctured, may be used to store
municipal waste. A sufficient number of containers shall be provided
to contain all municipal waste materials generated during periods
between regularly scheduled collections that are required to be placed
in containers.
[Ord. 3/10/1988A, § 12]
Municipal waste of a highly flammable or explosive nature, or
highly infectious or contagious refuse shall not be stored for ordinary
collection, but shall be disposed of in accordance with the directions
of the Township.
[Ord. 3/10/1988A, § 13]
All municipal waste produced, collected and transported from
the jurisdictional limits of the Township shall be promptly disposed
of at facilities permitted by the Pennsylvania Department of Environmental
Protection, and in accordance with the Township's solid waste
management plan.
[Ord. 3/10/1988A, § 14]
In addition to other disposal procedures permitted by this Part
1, bulky wastes such as, but not limited to, refrigerators, stoves,
other appliances, pieces of furniture, auto parts and other such household
goods and equipment may be disposed of in the manner designated by
the Township at any "cleanup" or collection fixed or set by the Township.
[Ord. 3/10/1988A, § 15]
Any person transporting municipal waste within the Township
shall prevent and/or clean up and remove any spillage from vehicles
or containers.
[Ord. 1/16/2002B, § 2]
[Ord. 3/10/1988A, § 17]
Any persons who dispose of their own municipal waste shall collect
the same at intervals short enough to prevent accumulations of refuse
that may be unsafe, unsightly or potentially harmful to the public
health.
[Ord. 3/10/1988A, § 18]
All agreements and charges for collection, transportation and
disposition of municipal waste shall be by private contract between
the person and the collector.
[Ord. 3/10/1988A, § 19]
The Township may establish and revise from time to time regulations
for the placing of recyclables for collection.
[Ord. 3/10/1988A, § 20]
From the time of placement of recyclables at the curb by anyone
for collection in accordance with the terms hereof, such items shall
be and become the property of the party designated by the Township
or its agents. It shall be a violation of this Part 1 for any unauthorized
person to collect or pick up or cause to be collected or picked up
any such items. Any and each such collection in violation hereof from
one or more residences shall constitute a separate and distinct offense
punishable as hereinafter provided.
[Ord. 3/10/1988A, § 21; as amended by Ord. 9/11/1997, § 1]
Any person, firm or corporation who shall violate any provision
of this Part, 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 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. 3/10/1988A, § 22]
[Ord. 3/10/1988A, § 23]
This Part 1 shall be subject to all applicable federal and state
laws, rules and regulations including the rules and regulations promulgated
by the Pennsylvania Department of Environmental Protection.
[Ord. 3/10/1988A, § 24]
The Township may establish and revise regulations governing
any matters covered by this Part 1.
[Ord. 3/10/1988A, § 25]
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed.
