[HISTORY: Adopted by the Board of Supervisors of the Township of Potter as indicated in article histories. Amendments noted where applicable.]
Junk and rubbish — See Ch. 109.
[Adopted 6-9-1986 by Ord. No. 3-1986 (Ch. 20, Part 1, of the 1998 Code of Ordinances)]
This article shall be known as the "Potter 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. Unless the context indicates otherwise, the masculine shall include the feminine and neuter, and the singular shall include the plural.
- A person applying for authorization as a collector.
- A person authorized by Potter Township to collect, transport and dispose of municipal waste.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, theaters and the like.
- The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or onto the land or water in any manner such that the waste or a constituent of the waste enters the environment, is emitted into the air, or is discharged into the water of the commonwealth.
- DISPOSAL SITE
- Any site, facility, location, area or premises to be used for the disposal of municipal wastes.
- All animal and vegetable waste attending or resulting from the handling, dealing, storing, preparation, cooking and consumption of foods, whether for an individual or group, private or commercial.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged primarily in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries and the like.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged primarily in service to persons, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
- The entire process or any part thereof of storage, collection, transportation, processing, treatment and disposal of municipal wastes by any person engaging in such process.
- MUNICIPAL WASTE
- Any 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, industrial and institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste from a municipal, commercial, industrial or institutional water supply treatment plant, wastewater treatment plant or air-pollution-control facility. (Pennsylvania Solid Waste Management Act 97, Section 103.)
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government institution or agency, state government institution or agency or any other legal entity whatsoever which is recognized by law as being subject to the rights and duties of an individual and subject to this article.
- Any technology used for the purpose of reducing the volume or bulk of municipal waste or any technology used to convert all or part of such waste material for off-site reuse. Processing facilities shall include, but not be limited to, transfer facilities, composting facilities, incinerators, recycling facilities and resource-recovery facilities.
- The collective term applying to all garbage, rubbish, ashes, leaves, branches, grass and trimmings from residential, municipal, commercial, institutional or industrial 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, contained gaseous materials. (Pennsylvania Solid Waste Management Act 97, Section 103.)
- 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 for a time period in excess of one year constitutes disposal.
- The Township of Potter, County of Centre, Commonwealth of Pennsylvania.
- The off-site removal of any municipal waste generated or present at any time from the Township.
Editor's Note: See 35 P.S. § 6018.103.
Generally. It shall be the duty of every owner of property and every person occupying any dwelling unit, premises or place of business within the Township of Potter where municipal waste is produced and accumulated, by his own expense and costs, to provide and keep at all times a sufficient number of containers to hold all municipal wastes which may accumulate during the intervals between collection of such waste by an authorized collector.
Storage on residential properties.
Containers. All municipal waste accumulated by owners of each property and/or the occupants of residential properties shall be placed in containers for collection by an authorized collector. The containers shall be durable, watertight and made of metal or plastic. The size of each container shall not exceed thirty-gallon capacity.
Location of containers. Each municipal waste container shall be located 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 right-of-way from which collection from a vehicle can be made. 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 institutional and industrial properties shall be done in the same type of containers as are required for residential properties except where the accumulation for each commercial, institutional or industrial property precludes their use, in which case such owner or occupant shall make special arrangements with the authorized collector for the storing of such additional quantities. Special arrangements shall include the following:
The type of special bulk container to be furnished by the collector as may be approved by the Township (by resolution).
The number of such containers as shall be agreed to between the collector and such owner or occupant of the commercial, institutional or industrial property to be used in any collection period.
Location of containers. Containers for collection at commercial, institutional and industrial properties shall be located on such premises at such place as shall be agreed upon by such owner or occupant of the commercial, institutional or industrial property and the authorized collector and shall not be unsatisfactory to the Township. Such location shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways or entrances and exits of public and private buildings.
Only those persons duly authorized and licensed as required by state law shall be permitted to collect and transport solid waste or operate as haulers within the Township.
Any person transporting solid waste within the Township shall prevent spillage from vehicles or containers used in the transport of such solid waste. Should spillage occur, the person shall remedy and clean up the same promptly. Failure to do so shall be considered a violation of this article.
Transport to designated facilities. All municipal waste collected and transported from within the jurisdictional limits of the Township shall be, to the extent permitted by law, disposed of at disposal facilities designated by the Township and in accordance with any currently effective solid waste management plan of the Township and Centre County. In the absence of such designated facilities and/or such currently effective solid waste management plan of the Township and Centre County, the Township reserves the right to designate a state-permitted facility of its choice or to require that disposal be at a state-permitted facility of the authorized collector's choice.
Designated facilities. If the Township designates the disposal facilities as provided for above, all authorized collectors and other interested persons shall be informed by the Township of the location and other information pertaining to the designated disposal facilities to be used for the disposal of municipal waste collected, transported, removed and disposed of from within the Township.
Personal hauling. Nothing contained herein shall be deemed to prohibit any person 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.
Farm exemption. Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming operation, including the composting and spreading of manure or other farm-produced agricultural wastes.
Hazardous and residual wastes exempted. 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 wastes as defined by the Pennsylvania Solid Waste Management Act.
[Amended 8-12-1996 by Ord. No. 3-1996; 3-16-1998 by Ord. No. 2-1998]
Penalties. Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
Additional remedies; cleanup. In addition to the foregoing penalty, the Township 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 within 10 days following written notice, the Township may cause such solid waste to be collected and disposed of with all the costs of such actions to be charged to the owner or occupant of the property in the manner provided by law.
All other remedies reserved. The Township further reserves the right to bring such actions, in law or equity, against the collector, the property owner or occupant as are provided for by law, in addition to all other remedies hereunder.
Definitions. As used in this article, the following terms shall have the meanings indicated:
- Includes the following materials: aluminum cans and articles, bimetal cans, glass containers, corrugated paper (cardboard and paper bags), magazines, computer printout paper, computer tab cards, office paper, steel cans, newspaper, paper products not chemically coated, selected organic yard wastes and other materials as designated by the Township (from time to time, by resolution) as having recyclable value.
Generally. Those recyclables separated for purposes of materials recovery rather than disposal by a designated agent of the Township shall not be considered as solid waste as defined under this article and shall not be subject to the provisions of this article which require disposal of such wastes at facilities designated by the Township.
Collection. Recyclables may be collected only by a designated agent of the Township and shall be subject to the same licensing and permitting regulations set forth herein for authorized collectors.
Designated agents. Designated agents for recyclables under this article may include, but are not limited to, the following: scouts, volunteer and nonprofit organizations, secondary materials dealers, private solid waste haulers and others as deemed appropriate by the Township. The Township may require registration of designated agents and information and requirements with regard to the quantity and type of recyclables, the days of collection, geographic area and other matters, as appropriate.
Unauthorized collection. It shall be a violation of this article for any person not designated by the Township to collect or pick up or cause to be collected or picked up any recyclables set out for collection by a designated agent for such recyclables. Any and each such collection in violation thereof from one or more premises shall constitute a separate and distinct offense, punishable as herein provided.
[Amended 3-16-1998 by Ord. No. 2-1998]
Subordinate to other laws. This article shall be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including the rules and regulations of the Department of Environmental Protection of the Commonwealth of Pennsylvania.