[Adopted 5-13-1991 by Ord. No. 2-1991]
This article shall be known and referred to as the "Municipal
Solid Waste Ordinance."
A.
ACT 97
ACT 101
BULKY WASTE
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
CONTAINER
COUNTY
DEPARTMENT ORDER
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
MUNICIPALITY
PERSON
RUBBISH
SALVAGING
SCAVENGING
SOLID WASTE
STORAGE
TRANSPORTATION
The following words and phrases as used in this article shall have
the meaning ascribed herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 101).[2]
Large items of solid waste, including, but not limited to,
appliances, furniture, large auto parts, trees, branches or stumps,
which may require special handling due to size, shape or weight.
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
A portable device in which waste is held temporarily for
storage or transportation.
The County of Washington or the Washington County Board of
County Commissioners.
The Pennsylvania Department of Environmental Protection (DEP).
The deposition, injection, dumping, spilling, leaking, or
placing of solid waste into or on the land or water in a manner that
the solid waste enters the environment, is emitted into the air or
is discharged to the waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit, or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases, or vectors.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including, but not
limited to, hospitals, nursing homes, orphanages, schools and universities.[3]
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities;
and any sludge not meeting the definition of residual or hazardous
waste under Act 97 from a municipal, commercial or institutional waste
supply treatment plant, wastewater treatment plant, or air pollution
control facility. The term does not include source-separated recyclable
materials.
The Township of Robinson, Washington County, Pennsylvania.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, or any other legal entity which
is recognized by law as the subject of rights and duties. In any provisions
of this article prescribing a fine, imprisonment or penalty, or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or any other legal entity
having officers and directors.
All nonputrescible municipal waste except garbage and other
decomposable matter. This category includes but is not limited to
ashes, bedding, cardboard, cans, crockery, glass, paper, wood and
yard cleanings.
The controlled removal or recycling of material from a solid
waste processing or disposal facility.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year shall
constitute disposal. This presumption can be overcome by clear and
convincing evidence to the contrary.
The off-site removal of any solid waste at any time after
generation.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
A.
It shall be unlawful for any person to accumulate or permit to accumulate
on any public or private property within the municipality any garbage,
rubbish, bulky waste, or any other municipal or residual waste except
in accordance with all applicable Department rules and regulations
adopted pursuant to Act 97 and Act 101.
B.
Except for the burning of papers, paper materials, leaves, branches,
wood, or wood products, it shall be unlawful for any person to burn
any solid waste within the municipality except in accordance with
all applicable Department rules and regulations adopted pursuant to
Act 97 and Act 101 and as otherwise regulated by the Department of
Environmental Protection Air Quality.
C.
It shall be unlawful for any person to process and/or dispose any
solid waste in the municipality except in accordance with all applicable
Department rules and regulations adopted pursuant to Act 97 and Act
101.[1]
D.
It shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the municipality without prior written approval from the municipality.
E.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the municipality except at an approved and permitted
resource recovery facility under any applicable Department rules and
regulations adopted pursuant to Act 97 and Act 101.
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 or public nuisances.
B.
Any person producing municipal waste shall provide a sufficient number
of approved containers to store all waste materials generated during
periods between regularly scheduled collections and shall place and
store all waste materials therein.
A.
All households, homeowners, commercial, industrial and institutional
establishments within the municipality shall utilize the services
of a licensed collector for disposal of their domestic waste or household
waste.
B.
All licensed collectors and waste haulers shall comply with the minimum
standards for collection and transportation of municipal waste set
forth in the Department's Title 25, Chapter 285, Subchapter B, Collection
and Transportation of Municipal Waste.[1]
[1]
Editor's Note: See 25 Pa. Code § 285.201 et seq.
C.
All municipal waste collected within the municipality shall only
be conveyed or transported to a transfer station, processing facility,
and/or disposal site permitted by the Department of Environmental
Protection, and/or other regulatory agencies pursuant to the approved
Municipal Waste Management Plan for Washington County.[2]
The municipality may petition the Court of Common Pleas, Washington
County, for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this article.
[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.
In the event that any section, paragraph, sentence, clause,
or phrase of this article be declared unconstitutional or invalid
for any reason, the remainder of such article shall not be invalidated
by such action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any chapters or provisions of any other chapters of the Robinson
Township Code which conflict with this article are hereby repealed
insofar as the same are specifically inconsistent with this article.