[HISTORY: Adopted by the Board of Supervisors of the Township
of Brady as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-16-1986 by Ord. No. 29]
This article shall be known as the "Brady Township Waste Management
Ordinance."
The purpose of this article is to maintain and promote the good
health and welfare of the present and future inhabitants of the Township
and to help sustain their property values.
Such terms as are used in this article that are defined in the
Pennsylvania Solid Waste Management Act, the Act of July 7, 1980,
P.L. 380, No. 97, as amended,[1] shall have the same meanings herein as those in said Act.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
No person shall accumulate, process, transfer, engage in "management"
of, collect, deposit, dump or dispose of hazardous waste or residual
waste of any kind at any site or any land in Brady Township, Butler
County, Pennsylvania unless and until the site shall first be approved
by the Supervisors of Brady Township. In addition, prior to such operation,
the owner of the property shall first secure an appropriate approval
or permit by the Department of Environmental Protection and the Township
under the terms and provisions of this article.
A.
No such site or facility for storage, deposit, dumping or disposal
of hazardous waste, or residual waste shall be operated unless and
until an application including a site plan for establishing or operating
the same shall first have been made to and approved by the Supervisors
of Brady Township and after approval, duly recorded in the office
of the Recorder of Deeds of Butler County, and a proper permit shall
be issued by the Township to the applicant.
B.
Upon the recording of the said plat, the applicant shall obtain a
recording receipt from the Recorder's Office, which will be submitted
to the Township as a part of the application for a permit required
by this article.
C.
Any permit issued in accordance with the provisions of this article
shall extend for one year from the date of its issue; provided, however,
such permit shall be revocable by the Supervisors at any time for
noncompliance with the provisions of this article or the regulations
promulgated by the Pennsylvania Department of Environmental Protection.
Each person who shall accumulate, possess, transfer, engage
in the management of collection, depositing or disposal of hazardous
or residual wastes shall submit to the Township Supervisors an application
for a solid waste permit which shall be accompanied by a site plan
which shall contain the following information:
A.
A perimeter description using meters and bounds of the property to
be used as a disposal site.
B.
Contours at ten-foot intervals.
C.
Precise designation of the areas of actual fill and approximate depth
of encasement inside the perimeter.
D.
Surface water characteristics prior to and after the completion of
the encasement.
E.
Location of any monitoring devises, wells or equipment.
F.
A legend identifying the present owners of the property and the complete
and full names and addresses of all persons holding title to the property
or any interest therein and a name and address of the prime contractor
if the operation is to be conducted by someone other than the owners.
G.
An affidavit of the owners indicating that the plat may be recorded
in the Office of the Recorder of Deeds of Butler County and under
what name it is to be indexed in the Rack File.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Any other characteristics natural or otherwise which the Supervisors
may require.
A.
No storage, deposit, dumping or disposal of hazardous waste or residual
waste of any kind shall be made in the Township except by the method
of sanitary landfill known as "encasement," and only under regulations
which now exist or shall hereafter be promulgated by the Pennsylvania
Department of Environmental Protection.
B.
No such site or facility for storage, deposit, dumping or disposal
of hazardous waste or residual waste by the said encasement method
of sanitary land fill shall be established within 0.5 mile of any
dwelling, church, school or any other building or buildings which,
from time to time, are used for human occupancy, or within 0.5 mile
of any well, spring, cistern, or stream, tributary, creek, and river
from which water is regularly pumped or drawn for purposes of human
consumption.
C.
Approval of any such site shall be given by the Supervisors upon application, only when the site shall have been located as provided in § 279-7B and only when the following requirements have been complied with or appropriate bond to insure their performance has been submitted and accepted:
(1)
This site shall be surrounded by a continuous nonpenetrable fence,
with necessary gates for entrance, which said fence shall be feet
in height to prevent the blowing of refuse materials from the site;
the outside perimeter of the site so fenced shall be lined with trees
to be planted in such manner as to conceal, as far as possible, the
site from view.
(2)
Access roads to such site shall be of such quality as to accommodate
the vehicles which utilize the same. Said roads are to be located
in such a manner as to offer the least possible nuisance to the proximate
inhabitants of the area.
It shall be the duty of any person to whom the Supervisors shall
issue a permit for the operation of a sanitary land fill site to have
on duty, at all times when refuse is being disposed of on the site,
such personnel as shall be required to prevent refuse or waste of
any kind from being scattered, by the elements or otherwise, beyond
the enclosed site. At the conclusion of the deposit of hazardous waste
and residual waste each day, the trench or trenches used that day
shall be filled with ground so that no such waste in the trench shall
be exposed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fee for the issuance of such permit and for the inspections
of the Supervisors or their employees, attending the issuance of the
permit and the operation of the site shall be sum as determined from
time to time by resolution of the Board of Supervisors, payable when
the permit is issued. In addition, the permit holder shall pay a fee
as determined from time to time by resolution of the Board of Supervisors
per ton of material handled to defray the cost of Township inspection
and monitoring.
As a condition of the issuance of the permit the applicant,
being the present owners, their heirs and assigns, shall enter an
indemnification agreement binding themselves to an agreement to hold
the Township harmless for any loss or injury that the Township may
suffer by reason of the issuance of the permit.
Should any word, phrase, sentence, clause or section of this
article be, become, or be declared to be unlawful, invalid or unenforceable,
the validity and enforceability of the remainder hereof shall not
be affected.
All ordinances or parts of ordinances inconsistent herewith
or in conflict herewith are hereby repealed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any of the provisions of this article
shall be guilty of a summary offense and upon conviction thereof before
a Magisterial District Judge, shall be sentenced to pay a fine of
not more than $1,000 for each offense, and upon default of payment
of such fine, shall be committed to the Butler County Jail for a period
not to exceed 90 days. Each day during any violation of this article
constitutes a separate offense. The enforcement of the penalty provision
of this article does not in any way eliminate, reduce or discharge
any other actions that the Township may take to secure the proper
enforcement of this article.
This article shall be effective 10 days after the passage thereof
by the Supervisors of Brady Township.
[Adopted 4-1-1996 by Ord.
No. 1996-1]
The purpose of this article is to provide for the health, safety,
and welfare of Brady Township by regulating the accumulation, storage,
collection and disposal of municipal waste and recyclables by all
persons in the Township.
As used in this article, the following terms shall have the
meanings indicated:
A collector of municipal waste and recyclables licensed to
operate in Butler County, Pennsylvania, and operating in Brady Township.
Garbage, rubbish or trash generated by all sources in the
Township, including but not limited to discarded food waste, glass,
metal, paper, plastics, furniture, building materials, automobile
parts, tires, appliances and all other discarded matter or material
except for those materials designated as recyclables.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, or any other legal entity which is recognized
by law as the subject of rights and duties.
Materials designed by the Township by resolution that must
be separated from all other municipal waste by the generator of said
materials and disposed of or collected separately from all other municipal
waste.
Brady Township, Butler County, Pennsylvania.
A.
It shall be unlawful for any person to place, store, or accumulate
municipal waste or recyclables upon any property in the Township except
in accordance with this article.
B.
All municipal waste and recyclables shall be stored in a manner that
does not contaminate the soil, air or water or create health hazards,
odors, rodent harborage, insect breeding areas, or cause any fire
or safety hazard.
C.
Each person generating municipal waste and/or recyclables in the
Township shall be responsible for contracting with an authorized collector
or making some other arrangements for the removal of the municipal
waste and recyclables on a regular basis, not less than or more often
than hereinafter provided.
D.
No municipal waste or recyclables shall be accumulated or stored
within the right-of-way of any public road in the Township.
A.
The Township Board of Supervisors may, from time to time, by official
resolution, designate certain materials as recyclables. Nothing in
this article shall be interpreted to prohibit authorized collectors
from specifying additional items as recyclables with the cooperation
of persons utilizing that collector.
B.
All persons shall separate recyclables from all other municipal waste.
C.
Each authorized collector shall provide its customers with written
instructions describing how recyclables should be prepared and set
out for collection.
A.
All authorized collectors shall comply with the Butler County Municipal
Waste Management Ordinance as regards the licensing of collectors
and the transportation of waste to county designated disposal facilities.
B.
Each authorized collector that collects municipal waste shall also
collect recyclables from its customers.
C.
Each authorized collector shall specify the size and type of containers
to be used by its customers for the handling and storage of all municipal
waste and recyclables. Each authorized collector shall also specify
standards and procedures for collecting bulky waste items too large
to be placed in containers.
D.
Authorized collectors may require that all municipal waste and recyclables
be set out at the roadside for the pickup.
E.
When placed out at the roadside for collection, all containers, whether
full or empty, and any bulky waste items not in containers must be
at least 16 1/2 feet from the center of all Township roads, as
to not be within the road right-of-way where such items may interfere
with traffic, or the safety of mowing, snow removal or other road
maintenance activities.
F.
Municipal waste and recyclables may be set out for collection only
on the scheduled collection day or the day preceding it.
G.
The person setting out municipal waste recyclables for collection
is responsible for cleaning up and property storing any such materials
that become scattered or spilled or that are, for any reason, not
picked up on the scheduled collection day.
H.
The owner of all mobile home parks, multifamily housing, or other
establishments having tenants shall be responsible for establishing
a program for the tenants at each property that provides for the collection
of both municipal waste and recyclables.
I.
Authorized collectors shall provide collection service that meets
the following standards:
(1)
Municipal waste from single-family and two-family residences shall
be collected at least biweekly.
(2)
Municipal waste from all other establishments shall be collected
at least weekly, unless more frequent collection is required to control
health hazards, odor, or unsightly conditions.
(3)
Recyclables shall be collected at least once a month from all establishments.
(4)
Each authorized collector shall establish a regular collection schedule
in the Township and shall notify the Township office of the days and
times of its collection services. If a regular collection day falls
on a holiday, the collector shall notify all customers and the Township
as to when the collection will be made.
J.
Authorized collectors shall be responsible for the collection of
any fees and charges from their customers.
Any person who shall violate any provision of this part, after
civil citation and proof thereof before a Magisterial District Judge,
shall be assessed a civil penalty of not less than $200 nor more than
$300 per offense. Each day that a violation of this chapter shall
occur shall constitute a separate offense.
Any person causing or allowing the accumulation of municipal
waste or recyclables as aforesaid, shall, upon written notice to do
so, sent by the Secretary of the Township Supervisors, forthwith remove
any accumulated municipal waste or recyclables. Upon failure to do
so, the Township Supervisors may remove the same and collect the cost
of such removal, together with penalty of 10% from the person involved
as a nuisance and may collect the same by the filing of a municipal
lien as provided by law.
Any ordinances of the Township of Brady which are inconsistent with the provisions hereof are hereby deemed to be superseded to the extent of the inconsistency except for any regulation under Chapter 226, Mobile Home Parks, and Chapter 295, Subdivision and Land Development, Chapter 159, Floodplain Management, or any ordinance or regulation passed by Brady Township under the authority of the Pennsylvania Municipalities Planning Code,[1] which provisions shall prevail over the provisions in
the article.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This article shall be effective on April 1, 1996.
