[Adopted 8-18-1998 by Ord. No. 98-2]
This article shall be known and referred to as the "Lawrence
Township Solid Waste Ordinance."
The following words and phrases as used in this article shall
have the meaning ascribed to them herein unless the context clearly
indicates a different meaning:
The Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq., as amended, known as the Municipal Waste Planning, Recycling,
and Waste Reduction Act.
The Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101
et seq., as amended, known as the Solid Waste Management Act.
The Pennsylvania Department of Environmental Protection.
As defined by Act 97, 35 P.S. § 6018.103 and Act
101, 53 P.S. § 4000.103.
Any solid waste derived from animal, grain, fruit, or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances or odors, gases, or vectors.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, municipality, state institution,
or agency or any other legal entity recognized by law as the subject
of rights and duties. In any provision of this article prescribing
a fine, penalty, or any combination of the foregoing, the term "person"
shall include the officers and directors from any corporation or any
other legal entity having officers and directors.
All nonputrescible municipal waste except garbage and other
decomposable matter. This category includes, but is not limited to,
ashes, bedding, cardboard, cans, crockery, glass, paper, wood, and
yard cleanings.
The controlled removal of recycling of material from a solid
waste processing or disposal facility.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a solid
waste processing or disposal facility.
Municipal waste as the term is defined under Act 97, 35 P.S.
§ 6018.103 and Act 101, 53 P.S. § 4000.103 and
shall include construction and demolition waste.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year shall
constitute disposal. This presumption can be overcome by clear and
convincing evidence to the contrary.
A.
It shall be unlawful for any person to accumulate, dump, deposit,
or dispose, or permit the accumulation, dumping, deposit or disposal
of garbage, solid waste, and other refuse materials upon any private
or public property, by any means and in any form within the Township,
except in accordance with Act 97, Act 101, and all Department rules
and regulations in effect from time to time.
B.
It shall be unlawful for any person to dispose any solid waste from
sources located within the Township except by a hauler licensed by
Clearfield County and/or except to a processing or disposal facility
designated under the Clearfield County Act 101 Municipal Waste Management
Plan.
C.
It shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the Township without prior written approval from the Township.
D.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the Township except at an approved and permitted resource
recovery facility or municipal waste management facility under any
applicable Department rules and regulations adopted pursuant to Act
97 and Act 101.
E.
This article is not intended to govern or regulate the storage of
abandoned or junked automobiles on private and public property.
A.
Any person who violates any provision of this article shall, upon
conviction, be guilty of a summary offense by authority of the Second
Class Township Code, 53 P.S. § 66601(c.1)(2) and punishable
by criminal fines not to exceed $1,000 per violation and imprisonment
to the extent allowed by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this article
which is found to have been violated.
B.
The Board of Supervisors by written agreement may delegate the determination
of ordinance violation, notice of violation, assessment of civil penalties,
enforcement of civil penalties not voluntarily paid to such officers
or agents as the Board of Supervisors deem qualified for that purpose.
In the event any section, paragraph, sentence, clause, or phrase
of this article or any part thereof shall be declared illegal, invalid,
or unconstitutional for any reason, the remaining provisions of this
article shall not be affected, impaired or invalidated by such action.
Any ordinances or any part of any ordinances which conflict
with this article are hereby repealed insofar as the affects of this
article.
This article shall be in effect immediately.
