[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Mount Bethel as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-14-1986 by Ord. No. 1986-5]
This article shall be known and may be cited as the "Waste Disposal
Ordinance of Upper Mount Bethel Township of 1986."
A.
This article is authorized by the provisions of the Code of Townships
of the Second Class (53 P.S. § 65000 et. seq.). In pertinent
part, the Township is authorized to make such regulations as may be
necessary for the promotion of the health, cleanliness, comfort and
safety of the citizens of the Township (53 P.S. § 65729).
As well, the Township is empowered to regulate or prohibit the dumping
or otherwise depositing of ashes, garbage, rubbish and other refuse
materials within the Township (53 P.S. § 65708). And, the
Township is expressly empowered to prohibit nuisances, including but
not limited to the accumulations of garbage on private and public
property within the Township.
B.
Furthermore, this article is not in conflict with the Solid Waste
Management Act of 1980 as that Act expressly preserves the existing
rights as remedies of Townships in dealing with solid waste within
their borders (35 P.S. § 6018.607).
As used in this article, the following terms shall have the
meanings indicated:
Is any material whether solid, liquid, semisolid, containing
gaseous substances or resulting from the operation of residential,
a municipal, commercial or institutional water supply treatment plant,
or wastewater treatment plant.
It shall be unlawful to place, dump or otherwise discharge on
the ground or waters located in Upper Mount Bethel Township, Northampton
County, Pennsylvania, any sewage sludge, septage or human waste, or
any substance comprised in whole or in part of sewage sludge, septage
or human waste. Such substances include, but are not limited to mine
mix and fly ash from the incineration of sewage sludge, septage or
human waste.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
For any and every violation of the provisions of this article,
the owner, general agent, or contractor for the premises where such
violation has been committed or shall exist, and the lessee or tenant
of premises where such violation has been committed or shall exist,
and the owner, general agent, contractor, lessee or tenant of any
premises in which part such violation has been committed or shall
exist, or any other person who knowingly commits, takes part, or assists
in any such violation, or who maintains premises in which any such
violation shall exist, 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.
This article shall go into effect five days after its enactment
or adoption.
If any provision of this article or the application thereof
is held invalid, such invalidity shall not effect 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 severable.
All ordinances or parts of ordinances not in accord with this
article are hereby repealed insofar as they conflict herewith.
