[Amended 2-21-1995 by Ord. No. 1820-95]
A. The reduction of the amount of municipal waste and conservation
of recyclable materials is an important public concern by reason of the growing
problem of municipal waste disposal and its impact on the environment.
B. The collection of newsprint, junk mail, flyers, magazines,
gloss paper and telephone book covers, aluminum cans, bimetallic cans, segregated
clear, emerald and amber glass bottles, plastics, leaf wastes and certain
types of cardboard materials for recycling from residences, and high-grade
office paper, aluminum cans, corrugated paper, including certain types of
cardboard materials, and leaf wastes from commercial and institutional establishments
in Cheltenham Township, and such other recyclables that shall be by resolution
determined to serve the general public interest, will reduce the volume of
municipal wastes which must be disposed, thereby reducing storage, collection,
transportation and disposal costs of said waste and preserving valuable natural
resources; and will result in financial, health, safety and welfare benefits
to the residents and taxpayers of Cheltenham Township by reason of the income
realized from the sale of these recyclable materials, reduced cost of disposal,
and a decreased burden on landfill space.
[Amended 12-19-2000 by Ord. No. 1974-00; 5-22-2007
by Ord. No. 2133-07]
C. This chapter has been developed to implement municipal
responsibilities under the Municipal Waste Planning, Recycling and Waste Reduction
Act (Act 101 of 1988).
The following words, terms and phrases, when used in this chapter, shall
have the following meanings ascribed to them:
FURNACE
Any enclosed device designed for the burning of fuel primarily for
the production of heat.
GARBAGE
All putrescible animal and vegetable waste matter resulting from
handling, preparation or cooking of food.
INCINERATOR
Any device specifically designed for the reduction or destruction
of solid wastes by burning.
OPEN FIRE
A fire in which any material is burned in the open or in a receptacle
other than a furnace or incinerator.
PERSON
Any individual, partnership, association, syndicate, company, firm,
trust, corporation, department, bureau, agency or other entity recognized
by law as the subject of rights and duties.
REFUSE
All materials which are discarded as useless.
RUBBISH
All solid waste except garbage, including but not limited to ashes,
bedding, cardboard, cans, clothing, crockery, glass, furniture, plastics,
rags, rubber, paper, tree branches, leaves and yard trimmings.
SALVAGE OPERATION
Any business, trade or industry engaged in whole or in part in salvaging
or reclaiming any product or material, including but not limited to metals,
chemicals, shipping containers or drums.
SOLID WASTES
Garbage, refuse, rubbish and other discarded materials resulting
from industrial, commercial, agricultural and residential activities.
[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006
by Ord. No. 2109-06]
The Director of Public Works, Code Official, Deputy Code Official, Police
Department or other duly authorized agent of the Board of Commissioners shall
have the power and duty to enforce the provisions of this chapter.
After the effective date of this chapter, no person shall:
A. Ignite or feed an open fire for the destruction or reduction
of solid wastes or in the conduct of a salvage operation on or in any public
or private place in the Township of Cheltenham.
B. Cause, suffer, allow or permit the maintenance of any
open fire for the destruction or reduction of solid wastes or in the conduct
of any salvage operation on or in any property under his control in the Township
of Cheltenham.
C. Construct, maintain or operate any new incinerator except
one which qualifies for and receives the approval of the Pennsylvania Department
of Environmental Protection and Energy prior to construction and for which
a permit has been issued by that Department to allow operation of the incinerator.
D. Maintain or operate any existing incinerator emitting
smoke or particulate matter in excess of those limitations specified by the
Pennsylvania Department of Environmental Protection and Energy.
The requirements of §
82-4 shall not apply where the open burning operations result from:
A. A fire set by or under the supervision of a public officer
to prevent or abate a fire hazard. Such permission shall be by written application
and permit as issued by the Cheltenham Township Fire Marshal.
B. A fire set for the purpose of instructing persons in
fire fighting, when authorized by the Cheltenham Township Fire Marshal.
C. A fire in a dwelling unit fireplace.
D. Grilling, broiling or barbecuing of food.
[Amended 3-21-1989 by Ord. No. 1686; 11-21-1995
by Ord. No. 1846-95]
Any person or legal entity violating the provisions of this chapter
shall, upon summary conviction before a District Justice, pay a fine of not
more than $1,000, together with costs of suit, collectible in the manner provided
by law. Each violation after notice of an offense or service of a summons
shall constitute a distinct and separate offense.