[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:
DISPOSAL
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.
DISPOSAL AREA
Any site, location, area, building, structure, transfer station or premises to be used for municipal waste disposal.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
GLASS CONTAINERS
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.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
MUNICIPAL WASTE
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.
NEWSPAPER
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.
PERSON
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.
RECYCLABLES
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.
REFUSE
Garbage, rubbish and trade waste.
STORAGE
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.
TOWNSHIP
Montour Township, Columbia County, Pennsylvania.
TRANSPORTATION
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]
Should any section, paragraph, sentence, clause or phrase of this Part 1 be declared unconstitutional or invalid for any reason, the remainder of this Part 1 shall not be affected thereby.
[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.