[HISTORY: Adopted by the Board of Supervisors of the Township of Derry as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-19-2009 by Ord. No. 2009-2]
This article shall be known as and cited as the "Derry Township Municipal Solid Waste Ordinance."
The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, and theaters.
- The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner that the waste or a constituent of the waste enters the environment, is emitted into the air, or is discharged to the waters of the Commonwealth of Pennsylvania.
- DISPOSAL SITE
- Any site, facility, location, area, or premises to be used for the disposal of municipal waste.
- EXTERIOR PROPERTY
- The open space on the premises and on adjoining property under the control of owners or operators of such premises.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, and the like.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged in service to persons, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
- LEGAL HAULER
- Any person engaged in the collection, storage or transportation of municipal waste who is licensed by the Commonwealth of Pennsylvania to the extent such is required by law or regulation and otherwise any person lawfully engaged in the collection, storage or transportation of municipal waste.
- The entire process, or any part thereof, of storage, collection, transportation, processing, treatment, and disposal of municipal waste by any person engaging in such process.
- The Township of Derry, Mifflin County, Pennsylvania, a Second Class Township located in the County of Mifflin, Commonwealth of Pennsylvania.
- MUNICIPAL WASTE
- Garbage, refuse, industrial, institutional 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 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility per the Pennsylvania Solid Waste Management Act 97 of 1980, § 103 (35 P.S. § 6018.103), as amended.
- The owner occupying any part of the premises or a tenant or renter of such premises or any part thereof.
- The legal title holder of the premises within the Township or any agency or other person employed by him/her/it to manage or maintain such premises.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any legal entity whatsoever which is recognized by law as being subject to the rights and duties of a person.
- A technology used for the purpose of reducing the volume or bulk of municipal 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, incinerators, recycling facilities, and resource recovery facilities.
- The collective term applying to all garbage, rubbish, ashes, leaves, and grass trimmings from residential, municipal, commercial, or institutional premises.
- At least three or more times per month.
- SOLID WASTE
- Any waste, including, but not limited to, municipal, residual, or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials per the Pennsylvania Solid Waste Management Act 97 of 1980, Section 103 (35 P.S. § 6018.103), as amended.
- 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 waste generated or present at any time from the Township of Derry, said municipality being located in Mifflin County, Pennsylvania.
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 to provide and keep at all times, a sufficient number of containers to hold all municipal waste which may accumulate during the intervals between collection of such municipal waste by a legal hauler.
Storage on residential properties.
Containers. All municipal waste accumulated by owners of each residential property and/or the occupants of residential properties shall be placed in containers for collection by a legal hauler. The containers shall be durable, watertight, and made of metal or plastic. Securely tied plastic bags may be used in cases where such bags can be used without being torn open by domestic or wild animals. The size of each such container shall not exceed a thirty-two-gallon capacity. However, large containers designed for use with special hoisting equipment may be used if the collector serving the residence uses collection vehicles with special hoisting equipment.
Location of containers. Each municipal waste container shall be located or shall be placed on the day of collection so as to be accessible to the collector at ground level and at a point on the curbline of the street, or within no less than 10 feet of the public street or alley from which collection from a vehicle can be made pursuant to a previously announced route of collection, notification of which has been given by the collector. Failure to place containers at such locations may result in discontinuance of service.
Storage on commercial, institutional and industrial properties.
Containers. 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 that containers larger than 32 gallons may be used, where needed, to accommodate larger volumes of municipal waste. Such containers shall be kept in good working order.
Location of containers. Containers for collection at commercial, institutional and industrial properties shall be located on such premises at a place which shall not interfere with public or private sidewalks, driveways, roads, streets, highways or entrances and exits of public or private buildings.
Removal by legal haulers. Every owner in the municipality shall contract with an individual, entity or firm which is a legal hauler to have all the municipal waste generated on the premises by any of the occupants of the premises removed and deposited in a PA DEP (Pennsylvania Department of Environmental Protection) permitted facility on a regular basis. As used herein, the term "regular" is to be interpreted as at least three times every month.
Proof of contract required. Whenever requested by the municipality, the owner of any real estate within the municipality shall present proof adequate in the judgment of the designee or agent of the municipality that the owner of said real estate has a current contract with a legal hauler to dispose of municipal waste generated on the premises on a regular basis. The owner of the premises shall have 72 hours to provide proof to the municipality that he has a current contract with a legal hauler to provide sufficient service to satisfy the terms and conditions of this article.
Duties of haulers. Any hauler picking up municipal waste in the municipality is to advise the municipality, in writing, within 72 hours after request from the municipality as to whether an owner has a current contract for municipal waste disposal from his premises within the municipality. Furthermore, all legal haulers shall cooperate with the municipality or its designee in providing information in the event that an action is instituted to enforce the terms and conditions of this subsection.
Self-hauling. In no case shall residents of the municipality be restricted from delivering or hauling their own municipal waste to a PA DEP (Pennsylvania Department of Environmental Protection) permitted facility.
Prevention of spillage. Any person transporting solid waste within the municipality shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.
Individuals not engaged in collection. Nothing contained herein shall be deemed to prohibit any residential property occupant not regularly engaged in the business of collecting municipal waste from hauling his own municipal waste on an irregular and unscheduled basis to a state-permitted disposal facility.
Farming activities. Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming operation, including composting and spreading of manure or other farm-produced agricultural waste.
Hazardous and residual waste. The provisions of this article do not apply to anything but the storage, collection, transportation, and disposal of municipal waste and do not apply, therefore, to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act.
Editor's Note: See 35 P.S. § 6018.101 et seq.
Any person who violates or permits a violation 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 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.
In addition to the foregoing penalty, the Township Secretary or Manager or any other person authorized by the municipality may require the owner or occupant of a property to remove any accumulation of solid waste, and should said person fail to remove such solid waste after 10 days following written notice, it shall constitute a public nuisance and the Township may cause the solid waste to be collected and disposed of with the cost and expense for such actions to be charged to the owner and/or occupant of the property and collected therefrom in a manner provided by law, including, but not limited to, the entering of a municipal claim or lien against the land affected as provided by law.
The imposition of the penalties herein prescribed shall not preclude the municipality from instituting appropriate actions or proceedings in equity or otherwise to prevent the violation of this article, to restrain, correct or abate any such violation, or to prevent any act, conduct, business or activity constituting a violation.