[Adopted 1-1-1973 by Ord. No. 1-73 (Ch. 20, Part 1, of the
1985 Code of Ordinances)]
This article shall be known as the "Solid Waste Management Ordinance."
It is hereby declared that this municipality accepts the responsibility
for the collection, transportation, processing and disposal of solid
wastes within its boundaries and, for that purpose, declares that
this article is to coordinate and to regulate the storage, collection,
transportation, processing and disposal of all solid waste materials
in order to protect the public safety, health and welfare of this
municipality.
The following words and terms shall have the following meanings,
unless the context clearly indicates otherwise:
Is a container not intended to be moved or, if moved, transported
by vehicle for purposes of disposal.
Businesses such as offices, stores, markets, theaters, hospitals
and other institutional buildings.
All table refuse, animal and vegetable matter, offal from
meat, fish and fowls, fruits, vegetables and parts thereof, and other
articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
Every natural person, firm, corporation, partnership, association
or institution.
Is a general term and shall mean all matter and materials
which are discarded or rejected by the owners or producers thereof
as offensive or useless, or which by their presence or accumulation
may injuriously affect the health, comfort and safety of the community;
it shall include ashes, garbage, rubbish and other refuse materials,
but exclude human body waste.
Leaves, branches, trees, sawdust, chips, shavings, wood,
woodenware, paper, printed matter, boxes, leather, rags, grass, straw,
manure and all solid combustible matter not included in this section
under the term "garbage."
An insect or other organism that transmits a pathogenic fungus,
virus, etc.
The governing body of this municipality shall be responsible
for all aspects of solid waste management within the municipality;
except, however, that this governing body may, by official act, designate
along with adjoining municipalities a common responsible agency to
function on its behalf.
The responsible agency shall have the following functions and
powers:
A.
Regulate and control the collection, storage, transportation, processing
and disposal of all solid waste materials in accordance with a plan
approved by the Pennsylvania Department of Environmental Protection.
B.
Cooperate with other local units of government in close proximity
and with appropriate private organizations in carrying out its duties
under this article.
C.
Adopt such rules, regulations, standards and procedures as shall
be necessary to conserve the air, water and land resources of the
municipality, protect the public health, prevent public nuisances,
and enable it to carry out the purpose and provisions of this article.
D.
Issue permits and orders and conduct such inspections as may be necessary
to implement the provisions of this article or to delegate to proper
persons or organizations such power.
E.
To contract with any person, other municipality, or organization
to carry out their responsibilities for all or any part of the collection,
transportation, processing and disposal of solid wastes.
A.
The storage of all solid waste shall be practiced so as to prevent
the attraction, harborage or breeding of insects or rodents and to
eliminate conditions harmful to public health or which create safety
hazards, odors, unsightliness and public nuisances.
A.
Individual containers utilized for the storage of solid waste at
household and other premises shall have the following physical characteristics:
(1)
Constructed of durable, watertight, rust-resistant material having
a close-fitting lid and handles to facilitate collection.
(2)
Containers for residences shall be of not less than 20 gallons nor
more than 35 gallons in capacity, except that one container per residence
under the minimum size will be permitted. Containers for commercial
establishments shall not exceed 40 gallons in capacity.
B.
Methods of use of individual containers.
(1)
Containers shall not be filled so that the lid cannot fit properly.
(2)
The area around the containers shall be kept clean (including bulk
containers).
(3)
The accumulation or residue of liquids, solids or a combination thereof
shall not be permitted on the bottom or sides of containers.
(4)
Bulk containers shall conform to all requirements for individual
containers except size.
Disposable containers such as paper and polyethylene bags shall
be acceptable for storage of solid waste provided the following conditions
are met:
A.
Only those bags specially designed for storage and collection shall
be used.
B.
Bags shall be protected against precipitation, animal damage and
overloading to prevent littering or attracting of vectors.
C.
Bags shall have a holding strength capable of withstanding stresses
until they are collected.
D.
Bag openings shall be securely closed prior to setting out for collection.
A.
All refuse shall be drained free of liquids before storage.
B.
Garbage shall be wrapped in paper or similar material.
C.
All cans, bottles or other food containers shall be rinsed free of
food particles and drained before storage.
D.
Rubbish shall be placed in approved containers or cut and baled,
tied bundles, stacked or packaged so as not to exceed 48 inches in
length and 50 pounds in weight, where possible.
A.
Each householder, commercial establishment or person having refuse,
shall provide himself with approved refuse containers and shall place
and keep all refuse therein; except for wastes of nondecomposable
nature and bulky items (example: bundled newspapers, magazines, packing
cases and materials, junk automobiles, machinery, tree prunings, yard
trimmings, etc.) which shall be stored in tightly secured bundles
of such size to be readily handled at time of collection and so as
to minimize litter.
B.
Bulky items shall be stored so that collection of water and harborage
of rodents are prevented.
C.
Containers shall be stored on the owner's property.
A.
Refuse containers shall, for the purpose of collection, be placed
at ground level and be made readily acceptable to the collector. They
shall be placed at the curb or curbline at such time as shall be designated
for collection.
Refuse shall be collected in accordance with the following schedule,
and in the event this municipality has not made a contract for a collection,
it shall be the duty of the producer of the refuse to make arrangements
to have his refuse collected in accordance with this schedule:
No person shall collect, remove, haul, or convey any refuse
other than that produced by himself through or upon any of the streets
or alleys of this municipality or dispose of the same in any manner
or place without obtaining a permit for each vehicle so used from
the responsible agency or its designee.
A.
Refuse may be disposed of on premises owned or leased by the producer
of the refuse provided it is done in a safe, sanitary and nuisance-free
manner and in compliance with all applicable ordinances, statutes
and rules and regulations.
B.
The fee for such permit shall be $25 per vehicle per year, and all
permits shall be issued for the calendar year or such portion thereof
as shall remain after the issuance thereof. There shall be no reduction
in the fee for a permit issued after the beginning of the calendar
year.
C.
Every person who shall apply for a permit under this section shall
state the type or types of refuse to be collected, the manner of collection,
and the place and method of disposal.
A.
Collection and transportation equipment shall be designed and constructed
so as to be leakproof, easily loaded, readily emptied and easily cleanable.
B.
The waste shall be suitably enclosed or covered so as to prevent
roadside littering, attraction of vectors or creation of other nuisances.
C.
All vehicles used for the collection or disposal of refuse shall
have enclosed bodies or shall have the body covered with a tarpaulin
or canvas cover.
D.
All vehicles used for the collection or disposal of garbage, or of
refuse containing garbage, shall have watertight, metal or metal-lined
bodies of easily cleanable construction, shall be cleaned at sufficient
frequency to prevent nuisance or insect breeding and shall be maintained
in good repair.
Collection and transportation vehicles shall be kept in a clean
and sanitary condition.
A.
Bulky items, appliances, furniture and other solid waste which cannot
be collected during regularly scheduled pickups shall be collected
as frequently as necessary.
B.
Hazardous materials shall be collected as follows:
All solid waste collected shall be transported to a processing
or disposal site approved by the regulatory agency having jurisdiction.
All refuse disposal shall be at a site approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania, except refuse referred to in § 362-14A.
It shall be unlawful for any person to:
A.
Deposit, dump, spill, throw, place or bury or permit another to deposit, dump, spill, throw, place or bury in or upon any parcel of land, lot, street, highway, gutter or in any alley or in any water or stream or in any quarry or ditch within the limits of this municipality, except as provided for in § 362-19, any solid waste material; provided, however, that this prohibition shall not apply in the following situations:
(1)
Refuse disposed of on premises owned or leased by the producer of
the refuse, provided it is done in a safe, sanitary and nuisance-free
manner and in compliance with applicable ordinances.
(2)
Manure, fertilizer and refuse used as fertilizer in farming or gardening.
(3)
Dead household pets interred in places set apart for that purpose.
(4)
Soil, earth, sand, clay, gravel, loam, ashes, slate, stones, bricks,
plaster, cement, leaves, branches, trees, sawdust, chips, shavings,
wood, grass, straw and corn fodder when used as fill, provided it
is done in a safe, sanitary and nuisance-free manner.
B.
Permit collector without a permit to collect or remove refuse from
a household institution or commercial enterprise.
C.
Permit the accumulation or residue of liquids, solids or a combination
of such material on the bottom or sides of containers.
D.
Collect or transport or convey refuse in nonconforming vehicles.
E.
Scavenge any materials delivered and deposited for disposal.
F.
Salvage or reclaim any solid wastes except at a properly permitted
facility in which salvage is an integral part of the operation.
G.
Make refuse available for animal consumption unless such refuse has
been heat treated to kill any disease agent therein.
H.
Use, maintain or operate an open dump.
I.
Burn any solid waste except in accordance with applicable ordinances
and statutes.
J.
Allow any abandoned vehicle to remain more than 48 hours upon any
public property or on private property with an expired vehicle license
(salvage yards, specially licensed historical vehicles, and those
vehicles screened from sight shall not be considered abandoned).
A.
No person shall engage in any disposal or processing of any solid
waste material without a valid permit from the Pennsylvania Department
of Environmental Protection.
B.
No collector shall use any vehicle for collection of waste material
without a valid permit from the responsible agency or its designee.
A.
All containers, vehicles, equipment, books and records of applicants
and permittees are subject to inspection by the responsible agency
or its authorized agents at any reasonable hour without prior notice.
B.
Vehicles and equipment shall be inspected by the responsible agency
or its authorized agent before being put into operation and during
operation.
C.
If violations of this article are discovered in the course of these
inspections, the responsible agency, on its own or after report to
it by its duly authorized agent, may proceed with prosecution under
this article or may petition the Court of Common Pleas of Lancaster
County for an injunction, either mandatory or prohibitive, to enforce
this article.
[Amended 4-16-1973 by Ord. No. 1-73A; 6-7-1982 by Ord. No. 2-82; 2-19-1985 by Ord. No. 1-85; 9-6-1988 by Ord. No. 5-88[1]]
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.
