[Adopted 12-29-1981 by Ord. No. 1981-01]
This article shall be known as the "Waste Practices Control
Ordinance."
Since Article 1, Section 27, of the Constitution of the Commonwealth
of Pennsylvania provides that the people of the Commonwealth have
a right to clean air, pure water, and to the preservation of the natural,
scenic, historic, and aesthetic values of the environment, and since
improper and inadequate waste practices create public health hazards,
environmental pollution, and economic loss, and cause irreparable
harm to public health, safety and welfare, it is the purpose of this
article to protect the health, safety and welfare of the people of
Lower Windsor Township from the short- and long-term dangers of the
storage, collection, transportation and disposal of all wastes.
The following words and phrases when used in this article shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
Poultry and livestock manure, or residual materials in liquid
or solid form generated in the production and marketing of poultry,
livestock, fur-bearing animals, and their products, provided that
such agricultural waste is not hazardous. The term includes the residual
materials generated in producing, harvesting, and marketing of all
agronomic, horticultural, and silvicultural crops or commodities grown
on what are usually recognized and accepted as farms, forests, or
other agricultural lands.
The removal at any time of any waste off its site of generation.
The term includes the conveyance by any means at any time of any waste
from its site of generation to another site.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of any waste into or on the land or water in a
manner that such waste or a constituent of such waste enters the environment,
is emitted into the air or is discharged or leached into the surface
waters, groundwaters, or deep water systems of Lower Windsor Township.
Residual materials in liquid or solid form generated in the
slaughtering of poultry and livestock, or in processing and converting
fish, seafood, milk, meat, and eggs to food products, provided that
such food processing waste is not hazardous. The term includes residual
materials generated in the processing, converting, or manufacturing
of fruits, vegetables, crops and other commodities into marketable
food items, providing that such residual materials are not hazardous.
The use of food processing wastes in normal farming operations
as defined in this section.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant, or air
pollution control facility and other discarded material including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining, or agricultural
operations, and from community activities, or any combination of the
above, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
The customary and generally accepted activities, practices
and procedures that farms adopt, use, or engage in year after year
in the production and preparation for market of poultry, livestock,
and their products; and in the production, harvesting and preparation
for market of agricultural, agronomic, horticultural, silvicultural
and agricultural crops and commodities, provided that such operations
are conducted in compliance with applicable laws, and provided that
the use or disposal of these materials will not pollute the air, water,
or other natural resources of Lower Windsor Township. The term includes
the storage and utilization of agricultural and food process wastes
for animal feed, and includes the agricultural utilization of septic
tank cleanings and sewage sludges which are generated off-site. It
includes the management, collection, storage, transportation, use
or disposal of manure, other agricultural waste and food processing
waste on land where such materials will improve the condition of the
soil, the growth of crops, or in the restoration of the land for the
same purposes.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. In
any provisions of this article prescribing a fine, imprisonment or
penalty, or any combination of the foregoing, the term "person" shall
include the officers and directors of any corporation or other legal
entity having officers and directors.
Any garbage, refuse, other discarded material or other waste
including solid, liquid, semisolid, or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous.
Any waste, including but not limited to, agricultural waste,
food processing waste or residual wastes, whether such wastes be solid,
liquid, semisolid or contained gaseous materials, provided that it
is not hazardous.
Any person engaged in the collection of solid waste other
than any person engaged solely in the collection of solid waste wholly
generated at a site on their land.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste.
The conveyance of any waste by any means from one site to
another site at any time after generation.
No person shall use, or continue to use, their land or water
within Lower Windsor Township or any other person's land or water
within Lower Windsor Township as a hazardous waste storage, treatment
or disposal area, site, or facility, nor shall any person transport,
or permit the transportation of any hazardous waste within Lower Windsor
Township.
Any person who stores, collects, transports or disposes of,
or permits the storage, collection, transportation or disposal of,
solid waste within Lower Windsor Township, shall use such method,
equipment and facilities as are necessary to store or dispose of such
solid waste in a manner which shall not adversely affect or endanger
the environment or the public health, welfare and safety or create
a nuisance and shall take immediate steps to contain and clean up
spills or accidental discharges of such stored, collected, transported
or disposed of solid waste.[1]
[Amended 8-10-1988; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No solid waste collector authorized to collect waste within
Lower Windsor Township shall store, treat or dispose, or permit the
storage, treatment or disposal of, any solid waste collected by him
within Lower Windsor Township at any solid waste storage, treatment
or disposal site or facility other than such a site or facility approved
by the Commonwealth of Pennsylvania for use as a solid waste storage,
treatment or disposal site or facility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No solid waste collector authorized to collect solid waste within
Lower Windsor Township shall fail to:
A.
Use such methods and equipment as are necessary to collect solid
waste in a manner which shall not adversely affect or endanger the
environment or the public health, welfare and safety; and
B.
Take immediate steps to contain and clean up spills or accidental
discharges of solid wastes occurring during the collection process;
and
C.
Maintain such records as are necessary to accurately identify the
quantities of solid waste collected by him within Lower Windsor Township
and verify his disposition of such solid waste and make such records
available to Lower Windsor Township upon request.
The provisions of this article shall not apply to the use of
agricultural or food processing wastes in the course of normal farming
operations, within Lower Windsor Township, provided that such wastes
are not hazardous and such use of such wastes, including the storage,
collection, transportation and disposal of such wastes for such use,
does not adversely affect the air, water and other natural resources
of Lower Windsor Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The provisions of §§ 375-9 and 375-10 shall not apply to any person engaged solely in the collection or transportation of usable or recyclable solid wastes such as newsprint, rags, scrap metal and aluminum cans for the purpose of fund-raising for a charitable cause or nonprofit organization by selling such usable or recyclable solid waste to another person for such other person's use or recycling of such usable or recyclable solid waste.
[Amended 8-10-1988; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, other than a municipal official exercising his official
duties, who violates any provision of this article, upon conviction
there of in a summary proceeding, shall be sentenced to pay a fine
of not more than $1,000 and costs, and in default of the payment of
such fine and costs, to undergo imprisonment in the York County Jail
for not more than 90 days. Each violation of any provision of this
article and each violation for each separate day shall constitute
a separate and distinct offense.
The terms and provisions of this article are to be liberally
construed so as to best achieve and effectuate the goals and purposes
hereof.
If any provision of this article or the application thereof
is held invalid, such invalidity shall not affect other provisions
or applications of this article which can be given effect without
the invalid provisions or application and to this end, the provisions
of this article are declared to be severable.
