[HISTORY: Adopted by the Board of Supervisors of the Township
of Porter as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-2-1974 by Ord.
No. 10; amended in its entirety 5-1-1989 by Ord. No. 20 (Ch.
20, Part 1, of the 1989 Code of Ordinances)]
This article shall be known and may be cited as the "Solid Waste
Ordinance of Porter Township."
For the purpose of this article, the following terms and words
shall have the meaning given herein, unless the context clearly indicates
otherwise; and words used in the present tense include the future
tense, words in the plural number include the singular number, and,
conversely, words in the singular number include the plural number:
The Clinton County Solid Waste Authority and its successors.
Any person the municipality may license or designate to collect
municipal waste within the Municipality.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theatres.
The incineration, disposition, injection, dumping, spilling,
leaking, or placing of solid waste into or on land or water in a manner
that the solid waste or a constituent of the solid waste enters the
environment, is emitted into the air or is discharged to the waters
of the commonwealth.
Any group of rooms located within a dwelling or building
and forming a single, habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating.
All animal and vegetable wastes attending to or resulting
from the handling, dealing, storing, preparation, cooking and consumption
of foods; and all refuse of animal or vegetable matter which has been
used for, or was intended to be used for, food for human consumption,
including excess fruits from trees other than from trees on farms
or in orchards.
The meaning defined and described in the Pennsylvania's Solid
Waste Management Act, Act No. 97, P.L. 380, approved July 7, 1980,[1] as heretofore and hereafter amended, or in any subsequent
similar statutes, and the rules and regulations of the commonwealth
heretofore and hereafter promulgated.
Any establishment engaged in manufacturing or processing,
including but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments or from community activities,
and any sludge not meeting the definitions of "residual waste" or
"hazardous waste" hereunder from a municipal, commercial or institutional
water supply treatment plant, wastewater treatment plant, or air pollution
control facility.
Porter Township, a second class Township, organized and existing
under the laws of the Commonwealth of Pennsylvania and located in
the County of Clinton in said commonwealth, and its successors.
The person generally in possession and control of any dwelling
unit or premises.
Includes every natural person, firm, partnership, association,
corporation, joint-stock company, trust, unincorporated organization,
municipal authority or similar body, municipality, government or political
subdivision thereof or organization of any kind; and with respect
to any fine or imprisonment hereunder, the term "person" shall include
the officers and directors of any corporation or legal entity having
officers and directors, in accordance with the culpability provisions
of the Pennsylvania Crimes Code.[2]
Any improved real property subject to the terms of this article.
Any technology used for the purpose of reducing the volume
of municipal waste or residual waste or any technology used to convert
part or all of such waste materials for off-site reuse. Processing
facilities include, but are not limited to, transfer facilities, composting
facilities, and resource recovery facilities.
The collective term applying to all garbage, rubbish, ashes,
leaves, grass trimmings and riffraff from residential, municipal,
commercial or institutional premises of the municipality.
Any property or parcel of land on which there is a place
of residence for one or more persons, such as single-family dwelling
units in buildings which have other uses such as retail stores, and
all other such places occupied and used by persons as a dwelling unit.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid, or contained gaseous materials
resulting from industrial, mining or 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. The term "residual
waste" shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act.[3] "Residual waste" shall not include treatment sludges from
coal mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Clean Streams Law.[4]
Any municipal waste, including solid, liquid, semisolid or
contained gaseous materials, but excluding residual waste and all
hazardous wastes.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste, and
it shall be presumed that the containment of any municipal waste in
excess of one year constitutes disposal.
The off-site removal of any municipal solid waste generated
or present at any time within the municipality.
Any method, technique, or process, including neutralization,
designed to change the physical, chemical, or biological character
or composition of any municipal waste so as to neutralize such waste
or so as to render such waste safer for transport, suitable for recovery,
suitable for storage, or reduced in volume. Such item includes any
activity or processing designed to change the physical form or chemical
composition of waste so as to render it neutral or nonhazardous.
A.
General. It shall be the duty of every owner of property and every
person occupying any dwelling unit, premises or place of business
within the municipality where municipal waste is produced and is accumulated,
by his own expense and cost:
(1)
To provide and keep at all times at such dwelling unit, premises
or place of business a sufficient number of containers to hold all
municipal wastes which may accumulate at such dwelling unit, premises
or place of business during the intervals herein prescribed between
collection of such municipal waste by the collector.
(2)
To keep and maintain all containers for the storage of municipal
wastes in good and sanitary condition and to replace any such containers
which may have defects.
(3)
To deposit daily all municipal wastes which may be produced or accumulated
at such dwelling unit, premises or place of business in a proper container
therefor as herein provided.
(4)
To drain the garbage of all liquids and to wrap such garbage in paper
or similar material before depositing the same in any such container.
(5)
To keep all such containers for the storing of municipal wastes securely
covered to prevent any of the contents from being scattered about
and to prevent the propagation of rats, flies and other insects and
vermin.
B.
Storage on residential properties:
(1)
Containers. All municipal waste accumulated by owners of each property
and/or the occupants of dwelling units, premises or places of business
shall be placed in containers for collection by the collector. The
containers shall be obtained by such owners and/or occupants, at their
own expense, and shall be durable, watertight, and made of rust-resistant
galvanized metal or heavy plastic with a tight-fitting lid and two
handles. The size of each such container shall not exceed a thirty-gallon
capacity. Upon notification from the municipality, unsatisfactory
containers shall be replaced promptly by such owner and/or occupant
at his own expense.
(2)
Location of containers. Each municipal waste container with respect
to a residential property shall be located in a location accessible
to the collector at ground level near the rear door of the residential
building. The exact location shall facilitate removal of the contents
of the container by the collector. The access to such location shall
be kept clear of snow, ice and other obstructions which may interfere
with reasonable access to and the collection of the containers by
the collector. The collector shall be required to make collections
from such a location, but the collector shall not be required to collect
from any location at the second floor, basement, from inside the garage
or other similar location. Such property owner or occupant shall securely
close the top of the containers in such a manner as to prevent the
contents of the container from spilling out prior to the time scheduled
for collection of the container, but not so as to prevent the removal
of the contents of the containers upon the collection thereof by the
collector. The collector will remove the contents from the containers
to the extent practicable in a manner to prevent the contents from
being spilled upon such property, dwelling unit, premises or place
of business and shall thereupon remove such collected municipal waste
from such property, dwelling unit, premises or place of business.
C.
Storage on commercial, institutional and industrial properties.
(1)
Storage of municipal waste on commercial, institutional and industrial
properties shall be done in the same type of containers as are required
for residential properties except where the accumulation for each
commercial, institutional or industrial property is in excess of an
amount that can be stored in three such containers for a period of
one calendar week, in which case such owner or occupant of the commercial,
institutional or industrial property shall make special arrangements
with the collector for the storing of such additional quantities.
Such special arrangements shall include the following:
(a)
The type of special bulk container to be furnished by the collector
and as may be approved by the municipality;
(b)
The number of such containers as shall be agreed to between
the collector and such owner or occupant of the commercial, institutional
or industrial property to be used in any collection period;
(c)
The number of collection periods more frequent than weekly to
be provided, which schedule of collections shall be approved by the
municipality; and
(d)
The cost for providing any such special container and the extra
collection service, as agreed upon by the collector and such owner
or occupant of the commercial, institutional or industrial property;
provided, however, such extra cost and such extra service shall not
be unsatisfactory to the municipality and shall be contained in the
written list of such charges or an amendment thereto as herein provided.
(2)
Containers for collection at commercial, institutional and industrial
properties shall be located on such premises at a place agreed upon
by such owner or occupant of the commercial, institutional and industrial
property and the collector and shall not be unsatisfactory to the
municipality. Such location shall not interfere with public or private
sidewalks, walkways, driveways, roads, streets, highways or entrance
and exits of public or private buildings.
A.
No person shall place or dispose of any municipal waste in or about
any street, sidewalk, alley, roadway, highway or other public area
or property in or upon any private property within the municipality,
whether owned by such person or not, except in proper containers for
collection as prescribed for in this article. No person shall throw
or deposit any municipal waste in any river, stream or other body
of water in the municipality.
B.
Any unauthorized accumulation of municipal waste on any premises
within the municipality is hereby declared to be a nuisance and is
prohibited.
C.
No person shall cast, place, sweep or deposit anywhere within the
municipality any municipal waste in such manner that it may be carried
or deposited by the elements, animals or persons upon any street,
sidewalk, alley, roadway, highway or other public area of property,
within the municipality.
D.
No person shall haul, transport or convey municipal waste in an open
unenclosed vehicle in the municipality though prior written permission
by the municipality may be given in the event of an emergency situation.
E.
No person shall ignite or feed an open fire for the destruction of
municipal waste or in the conduct of a salvage operation in any public
or private place in the municipality outside of any building, or cause,
suffer, allow or permit the maintenance of any open fire for the destruction
of municipal waste or in the conduct of a salvage operation on any
property within the municipality under such person's control outside
of any building. The only exception to this prohibition is that the
burning of leaves, grass clippings, wood and wood products, shall
be permitted within Porter Township only if:
(1)
During daylight hours, with all flames and coals to be extinguished
by dark;
(2)
The fire is personally attended by the landowner, or other competent
adult;
(3)
The fire can be started and maintained in a manner that the fire
or smoke therefrom does not constitute a nuisance or hazard to neighboring
landowners;
(4)
And such other regulations as the Porter Township Supervisors may
adopt from time to time.[1]
[1]
Editor's Note: Original Secs. 106, Collection and Disposal, 107, Conditions Relating to Licenses, and 108, Disposal Facilities for Licensees, of Ch. 20, Part 1, of the 1989 Code of Ordinances, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Except in case of emergency, as determined by the municipality,
no collection, transportation, removal or disposal of municipal waste
shall be permitted in the municipality before 7:00 a.m. and after
5:00 p.m., prevailing time, from Monday through Friday, both inclusive;
and no collection, transportation, removal and disposal of municipal
waste shall be permitted on Saturdays, Sundays or holidays of the
municipality, except as may be approved by the municipality in emergency
situations.
The municipality is hereby empowered to adopt, by resolution,
such rules and regulations as it shall hereafter deem necessary and
convenient for the administration of this article and which may concern
and amplify all provisions of this article. A violation of such rules
and regulations shall be subject to the same penalties as a violation
of this article.
A.
Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of hauling municipal waste for profit
from hauling such municipal waste on an irregular and unscheduled
basis to any facility permitted by the Commonwealth of Pennsylvania,
Department of Environmental Protection.
B.
Nothing contained in this article shall prohibit a farmer from carrying
out the normal activities of his farming operating, including composting
and spreading of manure or other farm-produced agricultural wastes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation who shall violate any provisions
of this article 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 less than $100 nor 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.
No hazardous waste shall be stored, collected, transported,
processed or disposed of under the terms of this article, nor is this
article intended to apply to anything but the storage, collection,
transportation, processing and disposal of municipal waste, including
ashes, garbage, rubbish and other similar refuse materials.
