[HISTORY: Adopted by the Board of Supervisors of the Township of Athens as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and refuse collection — See Ch. 99.
Radioactive waste — See Ch. 121.
Sewers — See Ch. 126.
[Adopted 7-25-1990 by Ord. No. 76]
This article shall be known and may be cited as the "Solid Waste Management Ordinance of the Township of Athens, Pennsylvania."
It is the intent of this article to manage solid waste in such a manner to protect the public health, safety and welfare and to provide economic and environmental protection to the citizens of the Township of Athens, Pennsylvania.
Athens Township has jurisdiction and control of land use and development as set forth in Act 247, as amended, the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
General terms. As used in this article, words in the singular include the plural, and those in the plural include the singular. The words "shall" and "will," for the purpose of this article, are defined as mandatory.
B. 
Specific terms. As used in these regulations, terms or words shall be defined as follows. Unless otherwise expressly stated, the following definitions shall, for the purpose of these regulations, have the meanings herein indicated. Any pertinent word or term not a part of this listing but vital to the interpretation of these regulations shall be construed to have its legal definition.
AGRICULTURAL WASTE
Poultry and livestock manure or residual materials, in liquid or solid form, generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, provided that such agricultural waste is not hazardous. The term includes the residual materials generated in the producing, harvesting and marketing of all agronomic, horticultural and silvicultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands.
AUTHORITY
The Northern Tier Solid Waste Authority, an authority organized by the Counties of Bradford, Sullivan and Tioga and existing under the laws of the Commonwealth of Pennsylvania, with an office at Blossburg, Pennsylvania.
COLLECTOR
Any person collecting or transporting municipal waste for owners or occupants of property in the municipality, including the municipality itself if it undertakes the collection of municipal waste directly, and any business or institution within the municipality which generates sufficient municipal waste to require disposal directly by its own employees and equipment.
COUNTY
The County of Bradford, Commonwealth of Pennsylvania.
DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner such that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the commonwealth.
HAZARDOUS WASTE
Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded materials, including solid, liquid, semisolid or maintained gaseous material resulting from municipal, commercial, industrial or institutional mining or agricultural operations and from community activities, or any combination of the above, but does not include solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear or by-product material as defined by the U.S. Atomic Energy Act of 1954, as amended (68 Stat. 923), which, because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The term "hazardous waste," shall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[1] "Hazardous waste" shall not include treatment sludged from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."[2]
MANAGEMENT
The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of solid wastes by any person engaging in such process.
MUNICIPALITY
Athens Township.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste hereunder from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or facility and air pollution control facility, whether generated within or without Athens Township.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
POLLUTION
Contamination of any air, water, land or other natural resources of the commonwealth such as will create or is likely to create a public nuisance or to render such air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.
REGIONAL FACILITIES
All solid waste disposition facilities heretofore or hereafter acquired or constructed by the Authority.
RESIDUAL WASTE
Any garbage, refuse, sludge and other discarded material or other waste including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste shall not include cool refuse as defined in the Coal Refuse Disposal Control Act. "Residual waste" shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law.
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSFER STATION
Any property where solid waste, as defined by the applicable Commonwealth of Pennsylvania rules and regulations, is stored temporarily or transferred by vehicle storage container or any other means, except that storage containers for the solid waste generated on a specific site (i.e., trash cans and dumpsters) and solid waste on the immediate property of its ultimate disposal (i.e., a properly permitted sanitary landfill) shall not be considered a transfer station for the purposes of this article.
TREATMENT
Treatment means approved methods of solid waste reduction and/or disposal as prescribed and approved by the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: See 52 P.S. § 30.51 et seq.
[2]
Editor's Note: See 52 P.S. § 69.1 et seq.
From and after the effective date of this article and for reasons of public health, safety and welfare, it shall be illegal for any person to treat or dispose of any solid waste in Athens Township except in accordance with the terms prescribed by this article.
No person except the Northern Tier Solid Waste Authority or Valley Sewer Authority shall use or permit to be used any land within the Township of Athens as a public or private disposal site, and only after approval has been obtained from the local municipality and the Pennsylvania Department of Environmental Protection.
[Amended 10-31-1990 by Ord. No. 80]
It shall be illegal for any person to haul, transport or collect solid waste, whether by pumping septic tanks, holding tanks or cesspools, or otherwise, without first securing a license to do so from Athens Township, Bradford County, and without the license required under the Septage Management Ordinance.[1]
[1]
Editor's Note: See Ch. 126, Sewers, Art. III.
A. 
Only a person licensed by Athens Township, Bradford County may collect and transport solid waste within the geographic boundaries of Athens Township, Bradford County.
B. 
An "authorized collector" is defined as a person who has been granted a license from Athens Township, Bradford County and has entered into a contract with the Northern Tier Solid Waste Authority for the disposal of solid waste collected at a facility managed by said authority.
C. 
The fee for such license shall be annual and established by prior ordinance of the Athens Township, Bradford County, Board of Supervisors.
[Added 10-31-1990 by Ord. No. 80; amended 12-19-1990]
All persons who shall collect waste from septic tanks, holding tanks or cesspools within Athens Township shall first secure or cause to be secured a license required under the Septage Management Ordinance, which shall be required for all such activities in any location in Athens Township. The sewer hauler's license fee shall be $25.
A. 
It shall be the duty of the Athens Township, Bradford County Commissioners or their designee to enforce the provisions of this article.
B. 
It shall be the responsibility of the Athens Township Supervisors to ensure that the provisions of this article will not be violated.
[Amended 8-28-1996 by Ord. No. 128; 5-28-1997 by Ord. No. 133; 10-27-1999 by Ord. No. 159]
Any person who violates any of the provisions of this article shall be guilty of a summary offense. Upon conviction thereof, such person shall be subject to a fine of not less than $100 nor more than $600.
[Adopted 7-25-1990 by Ord. No. 77]
All municipal waste generated within the boundaries of Athens Township, Bradford County shall be processed at facilities owned or permitted by the Northern Tier Solid Waste Authority, except as shall be expressly authorized by Athens Township.
All municipal wastes generated within the boundaries of Athens Township, Bradford County, including sewage, solid waste, sludge and any and all wastes of any kind whatsoever as defined in the Solid Waste Management Ordinance adopted simultaneously by Athens Township shall be disposed of at the Northern Tier Solid Waste Authority's landfill in Hamilton Township, Tioga County or in West Burlington Township, Bradford County, except as may be otherwise hereinafter provided; provided, however, that Athens Township shall not regulate such disposal of sludge generated by the Valley Sewer Authority outside of the physical limits of Athens Township.
This article shall not apply to municipal waste or source-separated recyclable material that would otherwise be recycled through any recycling program sponsored by Athens Township, Bradford County, the Northern Tier Waste Authority or any municipality so required to recycle under Act 101.[1]
[1]
Editor's Note: See now the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq.