[Adopted 12-17-2007 by Ord. No. 6-2007]
Definitions as used herein shall have the meanings as set forth below:
LICENSED HAULER
Any owner of a waste transportation vehicle licensed under Pennsylvania Act 90.[1]
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definition of residual or hazardous waste under this section from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
OWNER/OCCUPANT
Any person, agent, operator, firm or corporation having a legal or equitable interest in real estate in the Township of Colebrookdale or otherwise having control of the property, including the guardian, executor or administrator of the estate of such person, or a tenant in possession of the real estate.
PERSON
An individual, corporation, partnership or other group acting as a unit.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
TENANT
A person, corporation, partnership or group, whether or not the legal owner of record, in lawful possession of a premises or portion thereof.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201.
The owner/occupant of a premises shall store all municipal waste generated on the premises in leakproof, sanitary containers designed for the storage of municipal waste with close-fitting covers, until such time as the municipal waste is removed from the premises for disposal. The owner/occupant of a premises shall dispose of all municipal waste in a clean and sanitary manner by placing such municipal waste in a leakproof, covered, outside sanitary container and then removing or arranging for the removal of the municipal waste from the premises in accordance with the provisions of this article.
The owner and occupant(s) of every tenant-occupied premises shall be jointly responsible to assure that all municipal waste generated by all tenants of the premises supply be stored in leakproof, sanitary containers designed for the storage of municipal waste with close-fitting covers until such time as the municipal waste is removed from the premises for disposal. The owner and occupant(s) of every tenant-occupied premises shall be jointly responsible to assure that all municipal waste generated by all tenants of the premises is removed from the premises and disposed of in a leakproof, covered, sanitary container in accordance with the provisions of this article.
Every owner/occupant in Colebrookdale Township shall contract with an individual, entity or firm which is a licensed hauler to have all the municipal waste generated on the premises removed from the premises and deposited in a permitted landfill on at least a weekly basis.
Whenever requested by the Township, the owner/occupant of any premises within the township shall present proof adequate in the judgment of the township designee that the owner/occupant of said premises has a current contract with a licensed hauler to dispose of municipal waste generated on the premises on at least a weekly basis. The owner of the premises shall have 72 hours to provide proof to the township designee that he has a current contract with a licensed hauler to provide sufficient service to satisfy the terms and conditions of this article.
Any hauler licensed by the Commonwealth who collects municipal waste within in the Township of Colebrookdale shall be required to advise the Township, in writing, within 72 hours after request from the Township as to whether an owner/occcupant has a current contract for municipal waste disposal from his premises within the Township. Furthermore, all licensed haulers shall cooperate with the Township designee to provide information in the event that an action is instituted to enforce the terms and conditions of this article.
In addition to any other enforcement action that may be taken by any state agency pursuant to the provisions of any of the applicable statutes or regulations, any person who, in a civil action filed in a court of competent jurisdiction, shall be determined to be in violation of any provision of this article shall pay a fine of not more than $600. Each day that a violation of this article continues shall constitute a separate offense.
Notwithstanding the terms of this article, compost piles kept by an owner/occupant or tenant in possession of a premises shall not violate the terms and conditions of this article, provided that the materials in the compost piles do not generate any offensive odors and provided further that said compost piles are secure so that animals do not spread the materials from the compost piles around the premises.
Nothing in this article shall supersede the provisions of any ordinance of the Township of Colebrookdale requiring recycling of certain materials as set forth in Article II, Recycling, of this chapter. It is the intent of the Township that Article II, Recycling, shall remain in full force and effect.
If any provisions of this article or the application thereof to any person or circumstances is held invalid, the invalidity does not affect the other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end, the provisions of this article are severable.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.