Definitions as used herein shall have the meanings as set forth
below:
EXTERIOR PROPERTY
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
LICENSED HAULER
Any owner of a waste transportation vehicle licensed under
Pennsylvania Act 90, or by Washington Township.
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom 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 under
this section from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility.
ORDINANCE 187
Washington Township Curbside Leaf and Brush Recycling Ordinance.
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in real estate in Washington 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.
PERSON
An individual, corporation, partnership or other group acting
as a unit.
PREMISES
A lot, plot or parcel of land, including any structures thereon.
RECYCLING CENTER
The Washington Township Recycling Center located at 12725
Buchanan Trail East, Waynesboro, PA 17268.
TENANT
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
TRANSFER STATION
The Washington Township Transfer Station located at 12721
Buchanan Trail East, Waynesboro, PA 17268.
YARD
An open space on the same lot with a structure.
All exterior property and premises and the interior of every
structure shall be free from any accumulation of municipal waste.
The occupants of a structure shall dispose of all municipal
waste in a clean and sanitary manner by placing such municipal waste
in approved containers provided by the haulers or disposing of the
municipal waste at the transfer station or recycling center.
The owner of every dwelling shall supply approved leakproof,
covered, outside garbage containers for multifamily buildings of sufficient
number so that all garbage and refuse of all of the occupants of the
premises can dispose of their municipal waste in a garbage container
and so that no municipal waste is stored by any occupant of the premises
outside of a garbage container at any time, or utilize the container
provided by the hauler. Nothing in this section shall prohibit individual
property owners or renters from using plastic garbage bags to dispose
of the municipal waste at the transfer station and/or recycling center.
The owner of any premises with outside storage of municipal
waste shall provide at all times approved leakproof containers with
close-fitting covers for the storage of municipal waste until such
time as the municipal waste is removed from the premises for disposal.
Every owner in Washington Township shall contract with an individual,
entity or firm which is a licensed hauler by the Commonwealth of Pennsylvania
or Washington Township to have all the municipal waste generated on
the premises by any of the occupants of the premises removed and deposited
in a permitted landfill on a weekly basis or more often, or dispose
of their municipal waste at the transfer station and/or recycling
center.
Whenever requested by Washington Township, the owner of any
real estate within Washington Township shall present proof adequate
in the judgement of the Washington Township designee that the owner
of said real estate has a current contract with a licensed hauler
to dispose of municipal waste generated on the premises on a weekly
basis or more often or a receipt from the transfer station. The owner
of the premises shall have 72 hours to provide proof to the Washington
Township designee that he has a current contract with a licensed hauler
to provide sufficient service to satisfy the terms and conditions
of this article or provide a receipt from the transfer station.
Any hauler picking up municipal waste in Washington Township
shall be required to advise Washington Township in writing within
72 hours after request from Washington Township as to whether an owner
has a current contract for municipal waste disposal from his premises
within Washington Township. Furthermore, all licensed haulers shall
cooperate with the Washington Township designee in providing information
in the event that an action is instituted to enforce the terms and
conditions of this article.
Notwithstanding the terms of this article, compost piles kept
by occupants or tenants of a structure for the purpose of composting
material generated on that property only, shall not violate the terms
and conditions of this article, 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.
The Board of Supervisors is hereby authorized to adopt by resolution,
rules and regulations from time to time to administer this article
as they deem necessary.
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. The minimum fine to be imposed is $50
per day or portion thereof for a first offense; $100 per day or portion
thereof for a second offense and $500 per day or portion thereof for
each subsequent offense. The Magisterial District Judge may impose
a fine of more than the minimum amounts set forth above.
Where this article conflicts with Ordinance 125 or Ordinance
187, Ordinance 125 and Ordinance 187 shall take precedence
over this article.