[1]
Editor's Note: Former Part 1, Collection, Dumping, Storage
and Depositing of Ashes, Garbage and Rubbish, adopted by Ord. No.
2-1988, 6/7/1988, as amended, was repealed by Ord. No. 1-2019, 11/13/2019.
[Ord. No. 4-2020, 6/8/2020]
1.
REFUSE
RESIDUAL WASTE
RUBBISH
SOLID WASTE
The following terms shall have the meanings indicated, unless a different
meaning clearly appears from the context:
Ashes, garbage, rubbish and solid waste material.
Any garbage, refuse, 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 coal refuse as defined in the Coal Refuse
Disposal Control Act, 52 P.S. § 30.51 et seq. "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, 35 P.S. § 691.1 et seq.
Glass, metal, paper, wood, crockery, rags, cartons, boxes,
wood, leather, or other nonputrescible solid waste, and including
both combustible and noncombustible materials.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal ash or drill cuttings.
[Ord. No. 4-2020, 6/8/2020]
No refuse, residual waste, rubbish or solid waste, regardless
of the course of generation, shall be allowed to be accumulated or
deposited on the ground or upon any of the highways, streets or alleys
in the Township, or upon vacant lots or other property, nor shall
such refuse, residual waste, rubbish or solid waste be thrown into
any stream or other body of water.
[Ord. No. 4-2020, 6/8/2020]
If the owner, occupant, tenant, or person fails to comply with
a notice or order of the Township hereunder within the time specified
in the notice or order, the Township may abate such nuisance. The
Township may hire contractors or undertake the abatement itself, and
may collect the costs associated with correcting the nuisance, together
with a penalty of 10% of such costs, in the manner provided by law.
[Ord. No. 4-2020, 6/8/2020]
1.
Any person or owner or any person acting as agent, employee, contractor,
tenant or servant of said person or owner who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of $1,000, or the maximum amount permitted by law, and shall
be subject to imprisonment not to exceed 30 days, or the maximum amount
allowed by the law, for the punishment of summary offenses. Each day
that a violation of this Part continues after notice shall constitute
a separate offense.
2.
Civil Enforcement.
A.
Nothing hereinabove shall prevent the Township from initiating civil
enforcement proceedings before a District Justice or the Court of
Common Pleas of Tioga County. If this Part is enforced through civil
enforcement proceedings, civil penalties shall be $600 per violation,
or the maximum amount permitted by law, together with all court and
related costs and reasonable attorney fees. Each day that a violation
of this Part continues after notice shall constitute a separate violation.
B.
In any case where a penalty for a violation of this Part has not
been timely paid and the person or owner upon whom the penalty was
imposed is found to have been liable therefor in civil proceedings,
the violators shall be liable for the penalty imposed, including additional
daily penalties for continuing violations, plus court costs and reasonable
attorney fees incurred by the Township in the enforcement proceedings.
C.
The Township reserves the right to enforce the provisions of this
Part in any manner permitted by law, and all fines and penalties collected
for violation of this Part shall be paid to the Township.
