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Legal Notice: While
every attempt has
been made to be as
accurate as
possible, the
material found on
these pages
represents an
unofficial copy of
the Dingman Township
Solid Waste
Management
Ordinance. When in
conflict, the
original signed
official documents
kept in the Township
Building shall
prevail. Persons
relying on this
version shall do so
at their own risk.
SOLID
WASTE MANAGEMENT
ORDINANCE
TOWNSHIP OF DINGMAN
ORDINANCE NO. 82
Index
Preamble
Section 1 -
Short Title
Section 2 -
Declaration of
Policy
Section 3 -
Definitions
Section 4 -
Responsibility
Section 5 -
Functions and
Powers of
Responsible
Municipal
(Department/Coordinator)
Section 6 - Duty
of Owners and
Occupiers of
Property not to
Accumulate Solid
Waste
Section 7 -
Unlawful Solid
Waste
Section 7A -
Standards and
Regulations for
Disposal of
Recyclable
Materials
Section 8 -
Standards and
Regulations for
Storage of Solid
Waste other than
Materials to be
Recycled prior
to Collection
Section 9 -
Standards and
Regulations for
Collection
Section 10 -
Collection
Vehicles,
Equipment, and
Personnel
Section 11 -
Standards and
Regulations for
Storage after
Collection
Section 12 -
Standards and
Regulations for
Disposal
Section 13 -
Standards and
Regulations for
Processing
Methods
Section 14 -
Prohibited
Activities
Section 15 -
Regulations
Section 16 -
Insurance
Procedures
Section 17 -
insurance
Section 18 -
Injunctive
Powers
Section 19 -
Penalties
Section 20 -
Severability
Section 21 -
Repealer
Ordinance # 82
AN ORDINANCE
PROVIDING FOR THE
HEALTH AND WELFARE
OF THE TOWNSHIP OF
DINGMAN, PIKE
COUNTY,
PENNSYLVANIA, BY
REGULATING THE
ACCUMULATION,
COLLECTION, AND
DISPOSAL OF SOLID
WASTE, AND THE
PENALTIES FOR
VIOLATION THEREOF.
WHEREAS, first and
second class
townships and
boroughs pursuant to
the provisions of
the First Class
Township Code (53 PS
12521), Second Class
Township Code (53 PS
65708) and the
borough Code (53 PS
46214), have the
power to regulate
the collection and
disposal of solid
waste (garbage,
trash, refuse, and
other debris); and
WHEREAS, Section 304
of the Municipal
Waste Planning,
Recycling, and Waste
Reduction Act of
1988 (the “Act”)
provides that all
municipalities are
responsible for the
recycling,
collection,
transportation,
processing, and
disposal of
municipal solid
waste; and
WHEREAS, it is the
desire of the
Municipality to
regulate the
collection,
transportation, and
disposal of solid
waste of
residential,
commercial, and
institutional
properties;
NOW THEREFORE, BE IT
ORDAINED AND ENACTED
by DINGMAN TOWNSHIP
of Pike County,
Pennsylvania, as
follows:
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Section 1.
SHORT
TITLE: This
ordinance shall be
known and may be
cited as the Solid
Waste Management
Ordinance of Dingman
Township.
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Section 2.
DECLARATION OF
POLICY: It is
hereby declared to
be the purpose of
this ordinance to
coordinate and
regulate the
storage, collection,
transportation,
processing, and
disposal of all
solid waste
materials as herein
defined in order to
protect the public
safety, health, and
welfare of the
people of Dingman
Township hereinafter
referred to as (the
“Municipality”).
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Section 3.
DEFINITIONS: For
the purpose of this
ordinance, the
following words and
phrases shall have
the meaning given
herein.
Authorized
collector
shall mean a person,
individual,
partnership, or
corporation or
employer or agent
thereof authorized
by contract with the
Municipality to
collect solid waste
from residential,
commercial, and
institutional
properties as herein
defined under the
terms and conditions
of this ordinance.
In the event of
municipal
collection, this
definition shall
include the
governing body and
employees thereof.
Bulky waste
shall mean large
items of refuse
including, but not
limited to,
appliances, large
auto parts,
furniture, and
large trees and
branches which
require collection
in other than
conventional
compactor refuse
collection vehicles.
Collector
shall mean the
person, firm agency,
or public body or
employee or agent
thereof who is
engaged in the
collection and/or
transportation of
solid waste.
Commercial
properties
shall mean all
properties used for
industrial or
commercial purposes,
provided that
multiple dwelling
residential
buildings containing
more than four
dwelling units, for
purposes of this
Ordinance, shall be
treated as
commercial
properties.
Commingling
shall mean the
mixing of recyclable
materials (e.g.
glass and metal)
which will later be
separated by the
recycling facility.
Composting
shall mean a
controlled microbial
degradation of
organic waste to
produce a relatively
nuisance-free
product of potential
value as a soil
conditioner.
Dead animals
shall mean those
animals, not
exceeding (specified
weight), that die
naturally, from
disease, or are
accidentally
killed. Condemned
animals or parts of
animals from
slaughter houses or
similar places are
not included in this
term but are
regarded as
industrial refuse.
Detachable
container or
mechanical bin shall
mean any metal
container, which may
be mechanically
lifted and emptied
into the collection
vehicle.
Farm property
shall mean a parcel
or parcels of land
devoted to
agriculture; either
to raising crops,
livestock, poultry,
or pasture.
Garbage (food
waste) shall mean
animal and vegetable
waste resulting from
the handling,
preparation,
cooking, and serving
of foods. It does
not include wastes
from industrial
processing or
manufacturing of
food products,
bodies of dead
animals, or human or
animal excrement.
Hazardous waste
shall mean solid
waste that is
especially harmful
or potentially
harmful to public
health. This shall
include, but not be
limited to,
explosives, toxic
materials and
medical waste. For
purposes of this
Ordinance,
hazardous waste
does not include
small quantities of
such waste available
on a retail basis to
the homeowner (e.g.,
aerosol cans,
pesticides,
fertilizers, etc.).
Private Collector
shall mean a
collector licensed
by the Municipality
to provide
collection services
to residential,
commercial, or
institutional
properties on a
private contract
basis.
Recyclable
Materials shall
mean those materials
specified by the
Municipality for
separate collection
in accordance with
recycling
regulations. Such
materials may
include, but not be
limited to, aluminum
products, ferrous
containers, bi-metal
containers, glass
containers,
newspapers, magazine
and periodicals,
plastic containers,
and yard wastes.
Recycling
shall mean the
separation,
collection,
processing,
recovery, and sale
or reuse of metals,
glass, paper,
plastics, and other
materials, which
would otherwise be
disposed of as solid
waste.
Recycling Facility
shall mean a
facility legally
authorized to accept
and/or process
recyclable
materials. A
recycling facility
may be in the form
of containers or
bins in which the
community may place
recyclable materials
for collection and
processing
elsewhere.
Refuse shall
mean all solid
wastes, except body
wastes; and shall
include, but not be
limited to garbage,
ashes, bulky waste,
and rubbish; except
that refuse shall
specifically exclude
hazardous waste.
Residential
property means
properties used as
dwellings, including
buildings having up
to four dwelling
units in one
building. Multiple
dwelling residential
buildings containing
more than four
dwelling units, for
purposes of this
Ordinance, shall be
treated as
commercial
properties.
Rubbish
shall mean solid
waste exclusive of
garbage (e.g.,
non-recyclable
glass, metal, paper,
or plastic and
non-compostable
plant material, wood
or non-putrescible
solid waste.
Salvage operation
shall mean any
business, trade, or
industry engaged in
whole or in part in
salvaging or
reclaiming any
product or material,
including but not
limited to,
automobiles, metals,
chemicals, shipping
containers, or
drums.
Scavenging
shall mean
uncontrolled or
unauthorized removal
of solid waste
materials.
Solid waste
shall mean garbage,
refuse, and other
discarded solid
materials,
including, but not
limited to, solid
waste materials
resulting from
industrial,
commercial and
agricultural
operations, and from
community
activities.
Liquids,
semi-solids, and
contained gaseous
materials are hereby
defined as solid
waste. It shall
include sewage and
septage not meeting
the definition of
residential or
hazardous waste in
the Solid Waste
Management Act, other significant
pollutants in water
resources, such as
silt, dissolved or
suspended solids in
industrial waste,
water dissolved or
suspended solids in
industrial waste
water effluents,
dissolved materials
in irrigation return
flows, or other
common water
pollutants. In
addition, it shall
not include
hazardous waste.
Yard waste
shall mean prunings,
grass clippings,
weeds, leaves, and
general yard and
garden wastes.
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Section 4.
RESPONSIBILITY: The
Supervisors shall be
responsible for all
aspects of solid
waste management
within the
Municipality.
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Section 5.
FUNCTIONS AND POWERS
OF RESPONSIBLE
MUNICIPAL
(DEPARTMENT/COORDINATOR):
The Supervisors
shall be responsible
for the preparation
of all necessary
plans for solid
waste management and
shall coordinate
these plans with
other local, county,
state, and federal
agencies. These
plans shall control
the collection,
storage,
transportation,
processing, and
disposal of all
solid waste
materials. In
accordance with all
the pertinent
statues, rules, and
regulations of the
Commonwealth of
Pennsylvania, the
Supervisors shall:
-
Provide
municipal solid
waste
collection,
storage,
transportation,
and disposal
services and/or
approve and
regulate the
establishment,
maintenance and
operation of
private solid
waste
collection,
storage,
transportation,
and disposal
services.
-
Aid and assist
the Commonwealth
in the
application and
enforcement or
rules and
regulations
pertaining to
solid waste
management.
-
Adopt, issues,
and enforce such
local rules and
regulations
pursuant to
Section 09 of
this Ordinance
as are necessary
to implement and
to carry out the
intent of this
Ordinance.
-
Assist in the
review of
permits required
by the
Commonwealth for
siting and
operation of
transfer,
processing, and
disposal
facilities.
-
Enforce this
ordinance by
issuing warning
notices, and
initiating
proceedings
against
violators of
this ordinance
and its
appurtenant
rules and
regulations.
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Section 6. DUTY OF
OWNERS AND OCCUPIERS
OF PROPERTY NOT TO
ACCUMULATE SOLID
WASTE:
-
No person shall
permit any solid
waste to
accumulate for a
period of longer
than seven days
upon property
owned or
occupied by said
person in the
Municipality.
-
Owners and
occupiers of
residential
property are
hereby required
to make
accumulated
solid waste
available for
collection as
scheduled under
the terms
hereof.
-
Owners,
occupiers, and
tenants of farm
property are not
subject to the
provisions of
paragraphs 6A
and 6B.
-
All solid waste
accumulated on
any residential
property in the
Municipality
shall be
collected,
conveyed, and
disposed of an
authorized
collector and in
accordance with
the provisions
of this
Ordinance;
except that
recyclable
materials may be
collected,
conveyed, and
disposed of by
property owners
from their own
property for the
intended purpose
of depositing
such recyclable
material
in the recycling
facilities,
providing they
comply with the
provisions of
this Ordinance.
-
All solid waste
accumulated on
commercial and
institutional
properties shall
be collected,
conveyed, and
disposed of by
authorized
collectors under
contract with,
or licensed by,
the County or
the
Municipality.
In such a case
where a
commercial or
institutional
establishment
contracts
directly with a
collector, the
fee or payment
shall be a
matter of
private
agreement
between the
owners or
occupiers and
the collector.
When approved by
the County or
Municipality,
owners of
nonresidential
properties may
collect, convey
and dispose of
privately
generated solid
waste by their
own containers
and/or trucks,
providing they
comply with the
provisions of
this Ordinance
applicable
thereto.
-
It shall be
unlawful for any
person to
collect and
dispose of any
solid waste
within the
Municipality
except as
provided in this
Ordinance.
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Section 7. UNLAWFUL
SOLID WASTE:
-
Except as
otherwise
provided for in
this Ordinance,
It shall be
unlawful to keep
or allow in or
about any
dwelling or upon
any land or
other premises
within the
Municipality
solid waste of
any kind which
is obnoxious or
offensive by
reason of dust
or odor, or
which attracts
insects and
vermin, except
in covered
receptacles.
The cover shall
be tight and fly
proof; and it
shall be
unlawful to
retain
accumulation of
any said solid
waste so as to
constitute a
menace to the
health and
safety, it being
a presumption
that such a
menace exists
when more than
seven days have
elapsed after
such solid waste
is originally
retained,
accumulated, or
permitted to
accumulate; and
nothing herein
contained shall
be construed to
permit the
retention of any
solid waste
which is or
becomes
obnoxious or
offensive by
reason of dust
or odor, or
which attracts
insects or
vermin.
-
No volatile
liquids,
explosives,
radioactive
material, or
containers which
would explode
upon contact
with heat or
fire shall be
placed for
collection,
except small
(retail-sold)
spray cans.
-
No hazardous
waste shall be
stored or placed
for collection
on residential
properties
except for small
quantities of
such waste
normally found
in the household
and available on
a retail basis
to the
homeowner.
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Section 7A
STANDARDS AND
REGULATIONS FOR
DISPOSAL OF
RECYCLABLE MATERIALS
A. Solid
waste intended
to be recycled
must be removed
from the
property by an
authorized
collector
excepting that
the property
owners/tenants
may transport
their own
materials to a
recycling
facility that
has been
approved for
such purpose by
the Township,
County, or State
Government.
B. All
materials intended
to be recycled must
be stored indoors or
in covered vermin
proof containers.
C. If
curbside
collection of
recyclables is
provided, all
recyclable
material shall
be placed in
containers
provided by, or
approved by, the
collector.
D. Prior
to being taken
to a recycling
facility or
being placed out
for curbside
collection, all
recyclable
material must be
cleaned of food
waste or other
material that
may attract
vermin.
E. Unless
the recycling
facility permits
commingling, all
recyclable
material must be
sorted and
segregated by
the material
type. It shall
be unlawful to
dispose of one
type of
recyclable
material in a
bin or
collection unit
intended for
another type
recyclable
material (e.g.
disposing of
steel in a
collection unit
intended for
glass).
F. No
solid waste,
other than those
materials of
which the
facility
specifically
recycles, may be
disposed of at a
recycling
facility.
G. All
recyclable
material
disposed of at a
recycling
facility must be
placed in the
authorized
containers. It
shall be
unlawful to
leave recyclable
materials on top
of, along side
of, or near
recycling
containers, or
outside of a
recycling
facility
building.
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Section 8.
STANDARDS AND
REGULATIONS FOR
STORAGE
OF
SOLID WASTE OTHER
THAN MATERIALS TO BE
RECYCLED
PRIOR TO
COLLECTION:
-
Every person
shall provide
sufficient
approved
containers for
receiving and
holding solid
waste.
Containers shall
be kept in a
sanitary
condition at all
times.
-
Garbage (food
waste) and
rubbish shall be
stored in a
container, which
shall have a
tight-fitting
cover, have
suitable
handles, be
water-tight and
fly-proof, and
be able to be
carried easily
by the
collector.
-
Garbage (food
waste) shall be
drained of all
liquids.
-
Containers shall
be kept tightly
covered at all
times.
-
Containers shall
be of not less
than 20 gallons,
nor more than 35
gallons in
capacity for
residential
properties,
except by
special
exception by the
Municipality.
-
Containers shall
be stored on the
owner’s
property.
-
When mechanical
bins or
detachable
containers are
in use, they
shall be easily
accessible to
the collection
vehicle.
-
All solid waste
shall be stored
in containers,
except yard
waste and
newspapers,
magazines, or
books.
-
Yard waste may
be placed next
to containers if
it is tightly
secured, not
more than four
feet in length,
nor more than 20
inches in
diameter, and
not more than 45
pounds in
weight.
-
Newspapers and
magazines must
be tied securely
or placed in
cardboard boxes
or other
suitable
containers with
a maximum weight
of 50 pounds
including
container.
-
The Municipality
specifically
reserves the
right to modify
and to
specifically
provide for some
other receptacle
for the handling
of solid waste
which the
governing body
may at some
future time deem
to be
acceptable,
appropriate, and
beneficial for
handling of said
solid waste
material.
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Section 9.
STANDARDS AND
REGULATIONS FOR
COLLECTION:
-
Authorized
Collectors shall
collect solid
waste acceptable
for collection.
-
All residential
properties shall
use the county
authorized or
licensed
collectors
unless they show
the
Department/Coordinator
that they have
made alternative
arrangements
consistent with
this ordinance.
Farm properties
are excluded
from this
requirement.
-
The collector
shall provide
service to all
who desire
service and have
paid the
required fees.
-
Collection
Requirements
1.
Except as
otherwise
provided for in
this Ordinance,
all
household
solid waste
shall be
collected at
least once
each week,
with the
exception of
bulky waste
and dead
animals for
which
arrangements
shall be
made in
advance with
the
collector.
All
institutional,
commercial,
and
industrial
solid waste
shall be
collected as
often as
required by
generated
volumes and
environmental
problems.
2.
Recyclable
material, when
collected by an
authorized
collector for
transportation
to a recycling
facility, shall
be collected at
least once a
month.
-
The collector
shall establish
and record a
regular
collection
schedule. If a
collection day
falls on a
holiday, the
collector shall
notify all
customers of
when collection
will be made.
-
All collection
and
transportation
vehicles shall
be constructed
of metal or
other impervious
materials, able
to be enclosed
or fitted with a
cover, which
will be used to
prevent spillage
of the
contents. All
waste materials
dropped on
streets or roads
shall be
immediately
picked up.
-
All vehicles
shall be cleaned
at sufficient
frequency to
prevent nuisance
or insect
breeding.
-
Place of
Collection
-
Refuse
containers
shall, for
the purpose
of
collection,
be placed at
the curb or
street line,
at ground
level, and
be made
readily
accessible
to the
collector.
-
Notwithstanding
provisions
of this
Ordinance,
residential
property
owners,
commercial
establishments,
or other
persons may,
by mutual
agreement
with the
collectors,
be permitted
to place
containers
at a
location on
their
property
other than
as a
specific in
Section
H(1).
-
Collections
shall be
made from
all
properties
throughout
the
Municipality.
This shall
include all
streets,
dedicated or
otherwise,
and shall
include
those
streets that
are
temporarily
closed for
repairs or
construction.
In the
latter case,
special
collection
points shall
be
designated
by the
governing
body if the
condition of
the street
would
prevent
access
thereto by
the
collector’s
truck.
-
Frequency of
Collections
-
Collection:
Schedule and
Routes.
The
collector
shall
collect
solid waste
as defined
herein,
throughout
the
Municipality
on routes
and
schedules
developed
and mutually
agreed upon
by the
governing
body and the
collector
and may be
modified
from time to
time as
necessary
and as
agreed upon
by the
governing
body.
-
Holidays.
Solid waste
collection
shall not be
made on the
following
holidays:
January 1 –
New Year’s
Day; Last
Monday of
May –
Memorial
Day; July 4
–
Independence
Day; First
Monday of
September –
Labor Day;
Fourth
Thursday of
November –
Thanksgiving
Day; and
December 25
– Christmas
Day.
-
Hours.
Collections
shall be
made at
those hours
mutually
agreed upon
between the
collector
and the
governing
body. Hours
agreed upon
shall be so
indicated
within the
collection
contracts or
licenses.
-
Clean-Up
and Special
Collections.
The
collector
shall, on
scheduled
routes,
cooperate
with special
clean-up
drivers as
may be
promulgated
by the
governing
body which
shall not
exceed
twice in
number in
any one
year. In
addition,
upon
request, the
collector
shall
provide a
separate and
special
collection
on a day or
days as may
be required,
in order to
collect
abandoned
Christmas
trees.
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Section 10.
COLLECTION VEHICLES,
EQUIPMENT, AND
PERSONNEL:
-
All vehicles
used for
collection of
solid waste
shall be
equipped with
compacting
devices or
equivalent types
of closed bodies
and shall have
enclosed cargo
space, unless
such collection
is done by
private
individuals from
solid waste
generated on
private
property; at
which time,
appropriate
containers shall
be utilized; and
all other
provisions of
this Ordinance
affecting such
collection shall
be adhered to.
-
It shall be
unlawful to
collect, haul,
transport, or
convey solid
waste in open,
unenclosed
vehicles, unless
such refuse is
hauled from
private property
by the owner;
except that
open-type
vehicles may be
used only for
the collection
of large items
of debris which
cannot, because
of size, be
collected by
ordinary means,
in accordance
with the
provisions of
Section 12A.
-
Trucks shall at
all times be in
good and proper
mechanical
condition and in
compliance with
the minimum
safety and
sanitary
regulations of
the laws of the
Commonwealth of
Pennsylvania,
the County of
Pike, and the
Municipality.
-
The collection
shall furnish
proof that he is
the owner of the
vehicles(s) to
be used, or he
must produce in
writing a lease
or rental
agreement
between the
titled owner of
the vehicle(s)
and the
collector.
-
Vehicles and
equipment shall
not be
overloaded so
that garbage or
trash may spill
or drop on the
highways or
streets, nor
shall the
equipment be so
designed or
maintained so as
to permit the
leakage of
fluids. All
trucks shall be
regularly
cleaned and kept
improper
condition and
shall bear the
name and address
of the
contractor
plainly visible
on both cab
doors.
-
All vehicles
shall be
inspected by a
designated agent
of the County
for compliance
with the
provisions of
this Ordinance,
prior to the
issuance of any
license, and
shall thereafter
be inspected
every year on or
before the
anniversary date
of said license.
-
Each truck shall
be manned by at
least one driver
and one helper,
except as
approved by the
Department/Coordinator
(e.g., special
collection
vehicles, or
under emergency
conditions).
-
Each truck shall
have at least
one broom and
shovel to clean
up refuse that
may be spilled
or otherwise
scattered during
the process of
collection.
-
The collector
shall file with
the governing
body a list of
all vehicles and
equipment with
identification
information
thereon. Change
in equipment
shall be
promptly
reported to the
governing body
so that at all
times their
records will be
correct and
accurate.
-
The collector,
at his expense,
shall store and
park the
equipment at a
convenient and
lawful place.
No trucks or
equipment may be
parked or stored
on any street
within the
Municipality,
except during
actual
collection
periods.
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Section 11.
STANDARDS AND
REGULATIONS FOR
STORAGE AFTER
COLLECTION:
-
All storage of
solid waste
after collection
and before
disposal shall
only be in
transfer
stations, which
conform to the
regulations of
the Commonwealth
of Pennsylvania,
the County of
Pike, and the
Municipality.
The only
exception shall
be full or
partially-full
collection
vehicles, which
have made a
final pick up
for the day. In
no case shall
such collection
vehicles be
permitted to
hold solid waste
longer than 24
hours. This
section shall
not apply to
recyclable
materials stored
at approved
recycling
facilities.
-
All plans and
specifications
for transfer
stations shall
be submitted for
approval and
permit issuance
to the
Municipality,
the County of
Pike, and to the
Commonwealth of
Pennsylvania. A
permit must be
received from
the Commonwealth
before operation
commences.
-
All storage of
solid waste in
transfer
stations shall
be limited to no
more than 48
hours.
-
Operators of
transfer
stations must
submit to the
Municipality a
contingency plan
for the
disposition of
solid waste,
which is not
able to be
removed from the
site within 48
hours because of
an emergency
situation.
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Section 12.
STANDARDS AND
REGULATIONS FOR
DISPOSAL:
-
It shall be
unlawful for any
collector to
dump, process,
destroy, bury,
or otherwise
dispose of solid
waste within the
jurisdictional
limits of the
Municipality
except at
facilities
approved and
permitted by the
Municipality,
the County of
Pike, and the
Pennsylvania
Department of
Environmental
Protection.
-
All collectors
shall dispose of
the solid waste
from the
Municipality at
a sanitary
landfill,
incinerator,
waste-to-energy
plant, or other
facility
approved and
permitted by the
Pennsylvania
Department of
Environmental
Protection.
-
The specific
disposal site
shall be
designated by
the County in
its contracts
and/or licenses
with collectors.
-
All disposal
regulations at
the designated
disposal site
shall be adhered
to by the
collector(s).
-
All vehicles
used for
collection shall
use, in so far
as practical,
state highways
when proceeding
to and from the
designated
disposal site,
except when
using roads and
streets in those
townships or
boroughs where
licensed to
collect.
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Section 13.
STANDARDS AND
REGULATIONS FOR
PROCESSING METHODS:
-
All solid waste
processing shall
be accomplished
by approved
methods in
properly
permitted
facilities,
including but
not limited to
incinerators,
compost plants,
and salvage
operations,
conforming to
all the
applicable laws,
ordinances, and
zoning
requirements.
-
All plans and
specifications
shall be
approved by the
Commonwealth
prior to the
construction and
operation of
such processing
facilities.
-
All incinerators
shall be
operated so that
pollution of the
air will not
exceed the air
quality
standards
established by
the Pennsylvania
Department of
Environmental
Protection.
-
Residues or
discards from
the processing
facility shall
be disposed of
at a
Pennsylvania
Department of
Environmental
Protection
permitted
facility.
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Section 14.
PROHIBITED
ACTIVITIES:
-
It shall be
unlawful for any
person to
scavenge any
materials
delivered and
deposited for
disposal except
as may be
provided for in
the
Municipality’s
solid waste
rules and
regulations
promulgated
under this
ordinance.
-
It shall be
unlawful for any
person to
salvage or
reclaim any
solid wastes
except at a
properly
permitted
facility in
which salvage is
an integral plan
of operation.
-
It shall be
unlawful to make
garbage
available for
animal
consumption
unless such
refuse has been
heat-treated to
kill any disease
agent therein.
-
It shall be
unlawful for any
person to use,
maintain, or
operate an open
dump.
-
It shall be
unlawful for any
person to burn
any solid waste
except in a
manner and under
conditions
prescribed by
the
Department/Coordinator
and such burning
shall be in
accordance with
the pertinent
Rules and
Regulations of
the
Commonwealth.
-
It shall be
unlawful for any
person to throw,
place, or
deposit, or
cause or permit
to be thrown,
placed or
deposited, any
solid waste in
or upon any
street, alley,
sidewalk, body
of water, public
or private
property except
as provided in
this ordinance.
G.
It shall be unlawful
to deposit any solid
waste, including
recyclable
materials, in any
recycling facility
except as provided
for in this
Ordinance.
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Section 15.
REGULATIONS: The
collection of solid
waste in the
Municipality and the
disposal thereof
shall be subject to
such further
reasonable rules and
regulations as may
from time to time be
promulgated by the
governing body;
provided however,
that no such rules
and regulations
shall be contrary to
the provisions of
this Ordinance or
applicable law.
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Section 16.
INSPECTION
PROCEDURES:
-
All containers,
vehicles,
equipment,
transfer
stations,
disposal sites,
books and
records of
authorized,
unauthorized or
prospective
collectors,
storers,
processors, and
disposers are
subject to the
inspection at
any reasonable
hour without
prior notice.
-
Vehicles and
equipment or
collectors shall
be inspected
before being put
into operation
and during
operation.
-
All solid waste
storage,
transfer,
processing, or
disposal
facilities
within the
Municipality
shall also be
inspected
immediately
prior to
commencement of
operation of the
site and at
least once per
year thereafter
in concert with
representatives
of the
Commonwealth.
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Section 17.
INSURANCE: Prior to
the operation of any
solid waste storage,
transfer,
processing, or
disposal facility
within the
Municipality, the
applicant shall be
required to present
evidence of
insurance coverage.
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Section 18.
INJUNCTIVE POWERS:
The Municipality may
petition the Court
of Common Pleas for
an injunction,
either mandatory or
prohibitive, to
enforce any of his
decisions.
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Section 19.
PENALTIES:
-
Any person who
violates any
provision of
this Ordinance,
except
violations under
subsection (1)
herein, is
guilty of a
misdemeanor,
which is
punishable, upon
conviction, by a
fine not
exceeding
$500.00 or by
imprisonment for
a period not
exceeding 30
days, or both.
Each day of
violation is a
separate and
distinct
offense.
-
Any person,
firm or
corporation
violating
any of the
provisions
of this code
by dumping,
scattering,
placing,
depositing
or
permitting
garbage to
be dumped,
scattered,
placed or
deposited
upon any
roads,
streets,
highways,
public lands
or private
lands in the
Township
or who
violates the
provisions
of section
7A
of this
Ordinance
shall upon
conviction
be guilty of
a summary
offense and
be sentenced
to pay a
fine of not
more than
One Thousand
($1,000.00)
Dollars. In
default of
payment of
the fine,
such
persons, or
members of
firms or
corporations
shall be
liable to
imprisonment
for not more
than sixty
(60) days.
Evidence
that garbage
is the
garbage of a
particular
person, firm
or
corporation
shall create
a rebuttal
presumption
that the
garbage was
dumped or
permitted to
be dumped by
the owner
thereof.
-
The governing
body shall have
the right, at
any time, and
without refund
of any part of
the license fee,
to suspend or
revoke the
license of any
authorized or
private
collector for
any of the
following
causes:
-
False or
misleading
statements
in the
application
for a
license;
-
Lapse or
cancellation
of insurance
coverage;
-
Collecting
or
transporting
refuse in a
careless or
negligent
manner
resulting in
dirt, odor,
or any
unsanitary
condition;
-
Failure to
deposit
solid waste
at a
Department
of
Environmental
Protection-approved
disposal
site in
compliance
with all
disposal
regulations
in force at
the approved
site; and
-
A violation
of any part
of this
Ordinance or
any of the
Ordinance of
the
Municipality,
or any
applicable
State or
County laws.
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Section 20.
SEVERABILITY
CLAUSE: The
provisions of this
Ordinance are
severable, and if an
of its sections,
clauses, or
sentences be held
illegal, invalid, or
unconstitutional,
such illegality,
invalidity, or
unconstitutionality
shall not affect or
impair any of the
remaining sections,
clauses, or
sentences of this
Ordinance.
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Section 21. REPEALER CLAUSE:
This Ordinance is
intended to repeal
such prior
ordinances,
resolutions, and
regulations of the
Municipality, which
are specifically
inconsistent
herewith.
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ORDAINED and ENACTED
this 1st day of
August, 1989.
Attest:
BOROUGH COUNCIL
(BOARD OF
SUPERVISORS)
John E. Quinn
Dennis L. Brink
_________________
Attest:
Cathy Swanson
August 1, 1989
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