[Adopted 10-28-1963]
[Amended 8-20-2007; 12-15-2008]
A.
EXTERIOR PROPERTY
HAZARDOUS WASTE
LICENSED HAULER or HAULER
(1)
(2)
MUNICIPAL SOLID WASTE (also MUNICIPAL WASTE) (as defined under
25 Pa. Code § 271.1)
OCCUPANT
OWNER
PREMISES
REFUSE
(1)
(2)
RESIDUAL WASTE (as defined under 25 Pa. Code § 271.1
and pertinent to this section)
TOWNSHIP
Definitions. As used in this article, the following
terms shall have the meanings indicated:
The open space on any premises.
Waste as defined in 25 Pa. Code § 271.1, disposal
of which is subject to the regulations under the Pennsylvania Solid
Waste Management Act[1] and the Federal Resource Conservation and Recovery Act
(RCRA).
LICENSED HAULERAny owner of a waste transportation vehicle licensed under Pennsylvania Act 90; or
HAULERAny owner of a waste transportation vehicle who for a fee removes municipal waste from premises and transports it to a licensed disposal facility.
Any garbage, refuse, industrial lunchroom, or office waste,
and any other material, including solid, liquid, semisolid, or contained
gaseous material, resulting from the operation of residential, municipal,
commercial, farm, industrial, or institutional establishments and
from community activities; and sludge not meeting the definition of
residual or hazardous waste in the Solid Waste Management Act from
a municipal, commercial, farm, industrial, or institutional water
supply treatment plant, wastewater treatment plant, or air pollution
control facility. Excluded is any material meeting the definition
of residual waste or of hazardous waste and any source-separated recyclable
material.
A person, corporation, partnership, or group, whether or
not the legal owner of record, occupying a building or portion thereof
as a unit.
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in real estate in Mahoning Township
or otherwise having control of the property, including the guardian
of an estate of such person and the executor or administrator of the
estate of such person.
A lot, plot, or parcel of land, including any structures
thereon.
All municipal solid waste according to the definition
above that is accepted for disposal by the Lycoming County Landfill.
Items not accepted for disposal or not accepted for disposal without
prior approval include but are not limited to:
For the purposes of this section, refuse is
the municipal solid waste that may be removed from premises within
the Township by being collected by a licensed hauler or otherwise
transported to a licensed disposal facility.
Garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining, and agricultural operations; and
sludge from an industrial, mining, or agricultural water supply treatment
facility, wastewater treatment facility, or air pollution control
facility, if it is not hazardous.
The governmental jurisdiction and legal entity of the Township
of Mahoning, Northumberland County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
B.
Accumulation of municipal solid waste prohibited.
Municipal solid waste that is not stored as specified below is prohibited
from accumulating on all exterior property of any premises within
Mahoning Township.
C.
Storage of municipal waste.
(1)
Containers.
(a)
Municipal waste generated or accumulated on
any premises within the Township shall be stored in containers until
such time it is removed from the premises by a licensed hauler, transported
to a licensed disposal facility, or otherwise disposed of as required
by state and federal regulations. It is the responsibility of the
owner of any premises to ensure that such containers are provided
and kept on the premises at all times.
(b)
Containers used for the storage of municipal
waste shall be watertight, leakproof, plastic or metallic cans or
dumpsters or durable plastic bags. It is the responsibility of the
owner of any premises to ensure that all containers are kept in good
repair and sanitary condition. No container shall be so filled that
it cannot be tightly closed.
D.
Disposal of refuse and other municipal solid waste.
(1)
The owner of any premises shall ensure the disposal
of refuse generated or accumulated on the premises by one or both
of the following means:
(a)
By contracting or ensuring that the occupant(s)
of the premises has contracted with a licensed hauler (or hauler)
to have the refuse removed and transported to a licensed disposal
facility.
(b)
By transporting or ensuring that the occupant(s)
of the premises transports the waste to a licensed disposal facility.
(2)
It is herein further required that the interval of
time between the collections of stored refuse by a licensed hauler
(or hauler) or between removals of stored refuse by the owner or occupant
of any premises for transport to a licensed disposal site shall not
be of such length that, for a period of more than one day, containers
cannot be tightly closed, that there is an accumulation of more than
three plastic bags, or that there is an accumulation of more than
two plastic bags in addition to any storage containers.
(3)
Municipal solid waste other than refuse shall be disposed
of as required by Township, state, or federal regulations.
E.
Notice to comply.
(1)
When the enforcement agent of the Township observes
noncompliance with the provisions of this section on any premises
within the Township, the agent shall issue a written notice of noncompliance
to be served by registered or certified mail upon the owner of said
premises, or, if the owner's whereabouts or identity be unknown, by
posting the notice conspicuously upon the offending premises.
(2)
Said notice shall specify the observed noncompliance
and request proof that the owner or the occupant(s) of the premises
has a current contract with a licensed hauler (or hauler) to dispose
of refuse generated on the premises or that the owner or occupant
of the premises is transporting the refuse generated on the premises
to a licensed disposal site on a regular basis. Proof of the latter
disposal method shall consist of copies of the weight tickets from
the disposal facility. Such copies shall be retained for one year
after their issuance.
(3)
If the owner of any premises to whom a notice of noncompliance
has been sent fails to provide proof as specified above and that is
deemed adequate in the judgment of the Township's enforcement agent,
the enforcement agent shall require that a contract with a licensed
hauler (or hauler) be obtained and proof provided or that proof of
disposal at a licensed disposal facility for a period of time to be
determined by the enforcement agent be subsequently provided.
(4)
If it is the determination of the Township's enforcement
agent that, adequate proof as specified above notwithstanding, more
frequent disposal is necessary to prevent the accumulation of solid
waste on the exterior of any premises as prohibited above, the agent
may require more frequent disposal and may subsequently require proof
that collection by a licensed hauler on a more frequent basis has
been contracted for or that disposal at a licensed disposal site on
a more frequent basis is taking place.
F.
Duties of hauler.
(1)
Any hauler picking up municipal waste in the Township
shall be required to advise the Township in writing within 72 hours
after request from the Township as to whether an owner or occupant
of any premises within the Township has a current contract for the
collection of municipal waste from the premises.
(2)
Furthermore, all haulers shall cooperate with the
agent of the Township in providing information in the event that an
action is instituted to enforce the terms and conditions of this section.
G.
Hearing. Any person aggrieved by the decision of the
enforcement agent of the Township may request and shall then be granted
a hearing before the Mahoning Township Board of Supervisors provided
that a written petition requesting such a hearing and setting forth
the grounds therefore is filed at the Township office within 10 days
after notice of the enforcement agent's decision. The hearing shall
commence not later than 30 days after the date on which the petition
was filed unless postponed for sufficient cause. After such a hearing,
the Mahoning Township Board of Supervisors shall sustain, modify,
or overrule the action of the enforcement agent.
H.
Exclusions.
(1)
Nothing contained herein shall prohibit a farmer from
carrying out normal farming operations, including composting or spreading
of manure of other farm-produced agricultural waste not otherwise
prohibited or regulated for land applications. All such practices
must be conducted in compliance with applicable township, state, and
federal laws and regulations as may be in effect.
(2)
Notwithstanding the terms of this section, compost
piles kept by occupants of a premises shall not violate the terms
and conditions of this section, 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.
(3)
The provisions of this section do not apply to anything
but the storage and disposal of municipal solid waste and do not apply
therefore to hazardous or residual waste as defined under 25 Pa. Code
§ 271.1 and its amendments. All hazardous or residual waste
must be disposed of in compliance with applicable township, state,
and federal laws and regulations as may be in effect.
(4)
If it is the determination of the enforcement agent
of the Township that the municipal waste on any premises in the Township
is accumulating as prohibited above, even though the owner or occupant
of the premises has a contract with a licensed hauler or is transporting
the waste to a licensed disposal facility, the agent may require that
the owner contract for more frequent collection by the hauler, ensure
that collection is contracted for on a more frequent basis, or transport
the waste or ensure that the waste is transported on a more frequent
basis to a licensed disposal site.
No licensed collector shall permit any outfallings
for the conveyance of refuse to lie upon any of the streets or alleys
in the Township of Mahoning.
[Added 2-27-1967]
No refuse shall be collected in other than a
closed or covered vehicle which adequately prevents any outfalling
from said vehicle during the conveyance of refuse within the Township.
No person shall permit any unlicensed collector
to take any refuse from premises owned or occupied by him.
Any person who violates or permits a violation
of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District
Justice, pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this article. No judgment shall be imposed until the date of the
determination of the violation by the District Justice. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
