[HISTORY: Adopted by the Board of Supervisors of the Township
of Lancaster as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-27-1953 by Ord. No. 1]
From and after the passage of this article, accumulations of
garbage on private or public property within the boundaries of Lancaster
Township, Butler County, Pennsylvania, are hereby prohibited.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation causing the accumulation of
garbage upon private or public property within the boundaries of Lancaster
Township, Butler County, Pennsylvania or any person, firm or corporation
being the owner, lessee or party in possession of property on which
garbage is allowed to accumulate, shall forthwith remove the same
upon notice being sent such person, firm or corporation by the Secretary
of the Township Supervisors, and upon failure so to do, the Township
Supervisors may remove the same and collect the cost of such removal
together with a penalty of not more than $1,000, plus costs of prosecution,
from the person, firm or corporation causing the accumulation of garbage
as aforesaid or from the person, firm or corporation upon whose premises
the same is allowed to accumulate as aforesaid by suit or summary
proceedings brought in the name of the Township before any Magisterial
District Judge. In default of payment thereof, the defendant may be
sentenced to imprisonment for a term not exceeding 90 days.
From and after the passage of this article, it shall be unlawful
to dump, throw, place or deposit garbage or rubbish in, on, along,
or near the public roads of Lancaster Township, Butler County, Pennsylvania,
or upon public property within Lancaster Township, Butler County,
Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm, or corporation who shall dump, throw, place
or deposit garbage or rubbish in, upon, along or near the public roads
of Lancaster Township, Butler County, Pennsylvania, or upon public
property within the said Township, shall be liable for 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.
[Adopted 6-5-1984 by Ord.
No. 52]
This article shall be known as the "Lancaster Township Hazardous,
Municipal and Residual Waste Ordinance."
This article is enacted pursuant to the powers granted to the
Township Board of Supervisors under P.L. 103, Article VII, Section
702, Clause XII, 1933, May 1, as amended.[1]
[1]
Editor's Note: See now 53 P.S. § 66529, Nuisances.
As used in this article, the following terms shall have the
meanings indicated:
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plan, or air
pollution control facility and other discarded material, including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining or agricultural
operations, and from community activities, or any combination of the
above, but does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows
or industrial discharges which are point sources subject to permits
under Section 402 of the Federal Water Pollution Control Act, as amended
(86 Stat. 880),[1] or source, special nuclear, or by product materials as
defined by the United States Atomic Energy Act of 1954, as amended
(86 Stat. 923),[2] which because of its quantity, concentration or physical,
chemical, or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
The term "hazardous waste" shall not include coal refuse as
defined in the Act of September 24, 1968, (P.L. 1040 No. 318) known
as the "Coal Refuse Disposal Control Act."[3] Hazardous 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 Act of June 22, 1937, (P.L. 1987, No. 394), known as "The Clean
Streams Law."[4]
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or gaseous
material resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities and
any sludge not meeting the definition or residual or hazardous waste
hereunder from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant, or air pollution control
facility.
[Amended 9-4-1984; 5-5-1987]
Any garbage, refuse or other discarded material or other
waste, including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations or 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." 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."
[Amended 9-4-1984; 5-5-1987]
The Township of Lancaster, Butler County, Pennsylvania.
The depositing of or storage of hazardous waste, municipal waste
or residual waste within the boundaries of the Township is a public
nuisance and is hereby declared to be unlawful.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 provisions of this article are severable, and if any provision
or part thereof shall be held invalid or unconstitutional or inapplicable
to any person or circumstance, such invalidity, unconstitutionality
or inapplicability shall not affect or impair the remaining provisions
of this article.
