[Adopted 8-11-1993 by Ord. No. 63]
A. 
The following words, as used in this article, shall have the meanings thereby ascribed thereto, unless the context clearly indicates a different meaning:
CAPTIVE RESIDUAL WASTE FACILITY
A residual waste processing or disposal facility that is located solely upon lands owned by the person or municipality that generated the residual waste and which is operated to provide for the processing or disposal solely of the generator's residual waste.
[Added 5-10-2006 by Ord. No. 110]
GARBAGE
Includes all table refuse, animal and vegetable matter, offal from meat, fish and fowl, fruits, vegetables and parts thereof, and other articles or materials ordinarily used for food which have become unfit for such use or which are for any reason discarded.
PERSON
Any natural person, association, partnership, firm or corporation.
PROCESSING
Any treatment, preparation, packaging, manufacture or conversion into other forms.
REFUSE
All discarded articles or materials, except sewage and liquid waste, and including garbage, ashes, rubbish and combustible and noncombustible waste and hazardous waste and hospital waste.
B. 
Word usage. In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
A. 
From and after the adoption of this article, no person shall keep or suffer to remain on his or her premises or any private or public property, any garbage, refuse, ashes or fly ash or cast the same upon any lot or piece of ground within the Township, or upon the shores or margin of any stream or body of water, or into any sewer inlet or upon any road, street, berm, or sidewalk within the Township. Nor may any person use or permit to be used any land, spot or place within the Township as a public or private dump or storage area for garbage, refuse, ashes or fly ash, nor shall any person use or permit to be used any land within the Township for the purpose of disposing of garbage, refuse, ashes or fly ash by the landfill method, or in any way use or allow the land to be used for operation of a landfill. Nor shall any person use or permit to be used any land, spot, place or building within the Township for the processing or storing of garbage, refuse, ashes or fly ash.
B. 
This section is subject to the exception set forth hereinafter.
[Amended 7-26-2000 by Ord. No. 85]
A. 
Permit required. Any person desiring to secure permission to operate a garbage, refuse, ash or fly ash disposal, processing or storage business (hereinafter collectively referred to as "garbage business"), or desiring to permit the land of the person situated within the Township to be used for a garbage, refuse, ash or fly ash disposal, processing or storage area (hereinafter collectively referred to as "garbage landfill"), shall file an application on a form prescribed from time to time by the Board of Supervisors which shall contain at a minimum the following information.
B. 
Application for garbage business permit.
(1) 
An application for a permit to operate a garbage business must be made on a form provided by the Zoning Enforcement Officer or Secretary of the Township and approved by the Board of Supervisors of the Township.
(2) 
The application for a garbage business permit must be signed in one of the following manners:
(a) 
If a person wishing to operate a garbage business is an individual, the individual must sign the application for a permit as applicant.
(b) 
If a person who wishes to operate a garbage business is other than an individual, each individual who has 10% percent or greater interest in the business must sign the application for a permit as applicant. Each applicant must be qualified.
(c) 
If a corporation is listed as owner of a garbage business or as the entity which wishes to operate such a business, each individual having a 10% or greater direct or indirect interest in the corporation must sign the application for a permit as applicant.
(3) 
The completed application for a garbage business permit shall contain the following information and shall be accompanied by the following documents:
(a) 
If the applicant is:
[1] 
An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is 18 years of age.
[2] 
A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any.
[3] 
A corporation, the corporation shall state its complete name, the date of its incorporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stock holders, and the name of the registered corporate agent and the address of the registered office for service of process.
(b) 
If the applicant intends to operate the garbage business under a name other than that of the applicant, the applicant must comply with all of the following:
[1] 
State the fictitious name of the garbage business.
[2] 
Submit the required registration documents.
(c) 
Whether the applicant, or a person residing with the applicant, has been convicted of any criminal activity, and, if so, the criminal activity involved, the date, place, and jurisdiction of each.
(d) 
Whether the applicant, or a person residing with the applicant, has had a previous permit or has been a partner in a partnership or an officer, director or stockholder of a corporation that has had a previous permit under this article or other similar garbage business ordinance from another municipality or governmental unit denied, suspended or revoked, including the name and location of the garbage business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.
(e) 
Whether the applicant, or a person residing with the applicant, holds any other permits or licenses under this article or other similar garbage business ordinance from another municipality or governmental unit and, if so, the names and locations of such other garbage business.
(f) 
Whether the applicant, or a person residing with the applicant, currently has a permit or is a partner in a partnership or an officer, director or stockholder of a corporation that currently has a permit under this article or other similar garbage business ordinance from another municipality or governmental unit which permit has previously been denied, suspended or revoked, including the name and location of the garbage business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.
(g) 
The location of the proposed garbage business, including a legal description of the property, street address, and telephone number(s), if any.
(h) 
The mailing address and residential address of the applicant.
(i) 
The driver's license number, Social Security number, and state and federally issued tax identification numbers of every applicant.
(j) 
A copy of every permit and license issued by the United States of America, including the Environmental Protection Agency, and every permit and license issued by the Commonwealth of Pennsylvania, including the Department of Environmental Protection.
(k) 
Five copies of a site survey of the property and building proposed for the garbage business, on paper measuring at least 11 inches by 17 inches, prepared and sealed by a surveyor licensed by the Commonwealth of Pennsylvania containing all of the following:
[1] 
The location, size and type of every building and use within 1,000 linear feet of the building proposed for the garbage business.
[2] 
Prepared on a scale no less than one inch to 50 feet.
[3] 
The scale, date drawn, North point, and tax parcel number of every parcel illustrated.
[4] 
The name of every road or highway illustrated.
[5] 
The proposed parking layout, landscaping, lighting, sign location, building location and every other exterior improvement.
[6] 
A site plan.
[7] 
A building sketch or diagram showing the configuration of the premises, including a statement of total floor space to be occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus one foot.
C. 
Application for garbage landfill permit.
(1) 
An application for a permit to operate a garbage landfill must be made on a form provided by the Zoning Enforcement Officer or Secretary of the Township and approved by the Board of Supervisors of the Township.
(2) 
The application for a garbage landfill permit must be signed in one of the manners identified in Subsection B(2) above.
(3) 
The completed application for a garbage landfill permit shall contain the information and shall be accompanied by the documents identified in Subsection B(3) above.
D. 
Fee for garbage business permit and garbage landfill permit.
(1) 
Every application for a garbage business permit and every application for a garbage landfill permit shall be accompanied by the nonrefundable permit application, investigation and inspection fee to defray the cost of processing such application.
(2) 
The amount of the fee shall be determined by the Board of Supervisors from time to time by resolution.
E. 
Bond for garbage business permit and garbage landfill permit.
(1) 
Every application for a garbage business permit and every application for a garbage landfill permit shall be accompanied by a nonrefundable performance or guarantee bond payable to the Board of Supervisors or other surety acceptable to the Board of Supervisors, in form acceptable to the Board of Supervisors, to guarantee completion of every improvement required and to pay for the cost, as estimated by the Township Engineer, of removal of any material from or remediation of any land in which the Board of Supervisors has an ownership interest that the Township Engineer certifies may become contaminated as a result of the operations by the applicant, or any agent, servant or employee of the applicant.
(2) 
The amount of the bond shall be determined by the Board of Supervisors from time to time by resolution.
A. 
The receipt of an application and other required items shall be called to the attention of the Board of Supervisors at the next regular meeting of the Board of Supervisors. If the Board of Supervisors desires the applicants to furnish additional information, they shall notify the applicants in writing as to what additional information is required. If the application complies with all of the requirements set forth above, then the Board of Supervisors shall set a date for a public hearing on the proposed application.
B. 
Notice of a public hearing on said application shall be given by publication once a week for two consecutive weeks in the Beaver County Times and Beaver County Legal Journal and by posting the land or building in 10 prominent places. The expense of said advertising and posting shall be paid by the applicants and if not so paid, then the application shall be rejected at the time of hearing and the advertising costs shall be deducted from the amount of the bond filed with the Secretary.
C. 
At the time set the Board of Supervisors shall conduct a public hearing. If the Board of Supervisors is of the opinion that the proposed operation shall not be detrimental to the health, safety, morals and general welfare of the residents of the Township, then the said Board of Supervisors may by majority vote grant an exception to the prohibition contained in § 167-2 hereof and may permit the proposed operation. Approval is also contingent upon receipt of all applicable permits required by federal, state and county regulations. However, the granting of the exception shall be subject to all the limitations set forth hereinafter.
[Amended 4-14-2004 by Ord. No. 99]
If the application is rejected, the cash bond, in an amount as set from time to time by resolution of the Board of Supervisors, less any unpaid advertising expense as provided above, shall be returned to the applicant. The application fee shall be retained. Any rejected application that is resubmitted must be accompanied by an application fee as set from time to time by resolution of the Board of Supervisors.
No processing place or storage area for garbage, refuse, ashes or fly ash shall be located or operated within a distance of 2,500 feet of any residence or public building within the Township.
Both the operator and land owner of a landfill, processing place or storage area shall be responsible for the littering of the road leading to the landfill, processing place or storage area with any garbage, refuse, ashes or fly ash and must at all times keep said road and areas adjacent thereto free from such littering. Failure to comply with this section shall constitute a violation of this article, and failure to clear any such littering of said road or adjacent area shall terminate the permission granted for said operation to the same extent as if no exception had been granted or permit issued. In addition thereto, failure of the operator and land owner to clean up such litter after receiving written notice from the Township Secretary shall render the operator and landowner responsible for payment to the Township for all costs involved in hiring the clearing away of said litter, and said costs may be deducted from the cash bond posted in accordance with the terms of the article.
Any person who desires to haul garbage, refuse, ashes or fly ash over the roads and streets of the Township shall use a watertight vehicle provided with a cover so constructed as to prevent offensive odors escaping from the vehicle and garbage, refuse, ashes or fly ash from being dislodged, dropped, blown or spilled from said vehicle. Both the operator of a landfill, processing place or storage area and the owner of the land on which the operation or storage is located shall be responsible for the requirements of this section, and failure to comply with the section shall constitute a violation of this article and terminate the permission granted for the operation to the same extent as if no exception had been granted or permit issued.
[Amended 4-14-2004 by Ord. No. 99]
The operator and owner of the land shall post with the Township Secretary, as hereinabove provided for at the time of filing their application, a cash bond as set from time to time by resolution of the Board of Supervisors to guarantee full and faithful compliance with all terms and requirements of this article. Said cash bond shall be held by the Township during all the time that the operation is being conducted and shall be returned only upon conclusion of the operation or the ceasing of the use of the land, and then only if said operator and landowner have at all times fully complied with all the terms and requirements of this article. Failure of either the operator or the landowner to fully comply with the terms of this article, or the violation by either of them of any terms of this article, shall immediately constitute a full and complete forfeiture of the said cash bond so posted.
[Amended 4-14-2004 by Ord. No. 99; 5-10-2006 by Ord. No. 110]
Upon approval of the permit, the owner/operator shall pay to the Township a sum per ton of dumped material as set from time to time by resolution of the Board of Supervisors, payable on a monthly basis and based upon submittal of trucking (weight) slips. This fee is payable for the benefit of using various Township services, roads and infrastructure relative to said activity. A captive residual waste facility shall not be required to submit weight slips or to pay a per-ton fee to the Township.
[Amended 11-14-2001 by Ord. No. 88]
A. 
General enforcement provisions.
(1) 
Any person who violates any provision of this article shall be subject to all of the following:
(a) 
Shall be guilty of a summary criminal offense.
(b) 
Shall, upon conviction, pay the criminal penalty specified in Subsection B.
(c) 
Shall, upon conviction, be subject to imprisonment specified in Subsection C.
(2) 
Each day that a violation is continued shall constitute a separate offense.
B. 
The criminal penalty for a violation of this article shall be as follows:
(1) 
For a first offense, a sum not less than $500 nor more than $1,000.
(2) 
For a second or subsequent offense, a sum of not less than $750 nor more than $1,000.
C. 
The penalty of imprisonment for a violation of this article shall be as follows:
(1) 
For a first offense, a period not more than 15 days.
(2) 
For a second or subsequent offense, a period not less than 10 days nor more than 30 days.
The provisions of this article shall not affect a municipally owned dump.