SOLID WASTE ORDINANCE
TOWNSHIP OF PINE INDIANA COUNTY, PENNSYLVANIA ORDINANCE NO. 25
AN ORDINANCE OF THE TOWNSHIP OF PINE (herein "Township") INDIANA COUNTY, PENNSYLVANIA, PROHIBITING THE ACCUMULATION OR IMPROPER DISPOSAL OF GAR¬BAGE AND OTHER REFUSE MATERIALS UPON PRIVATE PROPERTY IN SATO MUNICIPALITY; REQUIRING THAT ALL GARBAGE, RUBBISH, AND OTHER REFUSE BE CONVEYED TO MUNICIPAL WASTE TRANSPORTATION, PROCESSING AND/OR DISPOSAL FACILITIES DESIGNATED BY THE COUNTY; REGULATING THE STORAGE AND REMOVAL OF GARBAGE, RUBBISH, AND OTHER REFUSE MATERIALS; PROVIDING FOR THE COLLECTION OF GARBAGE, RUBBISH, AND OTHER REFUSE MATERIALS ONLY BY LICENSED COLLECTORS; AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
WHEREAS, the Board of County Commissioners have adopted the 1990 Municipal Waste Management Plan for Indiana County in accordance with the requirements of Section 501 of the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101), and said Plan has been duly ratified by the municipalities of
Indiana County; and
WHEREAS, pursuant to the authority vested to the Municipality by the Pennsylvania Solid Waste Management of 1980 (Act 97) and Act 101, the Township desires to enact an Ordinance regulat¬ing the storage, collection, and disposal of rubbish, refuse, and garbage within the Municipality in order to implement such Plan.
NOW, THEREFORE, the Township hereby enacts and ordains as follows:
SECTION 1 - SHORT TITLE
This Ordinance shall be known and referred to as the "Municipal Solid Waste Ordinance."
SECTION 2 - DEFINITIONS
The following words and phrases as used in this Ordinance shall have the meaning ascribed to them herein, unless the context clearly indicates a different meaning:
Act 97 - The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).
Act 101 — The Pennsylvania Municipal Waste Planning, Recycling, and Waste Reduction Act of 1988 (SB 528, Act 1988-101, July 28, 1988).
Authority — shall mean the Indiana County Solid Waste Authority.
Collector or Waste Hauler — shall mean any person, firm, partnership, corporation, or public agency engaged in the collection and/or transportation of municipal waste.
Commercial Establishment — means any establishment engaged in non-manufacturing or non-processing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers, and theaters.
Composting — a process of accelerated degradation or decomposition of organic material such as leaf waste, grass clippings, or food waste, under controlled conditions. The term shall include household, farming, and commercial composting activities.
County — shall mean the Indiana County Board of Commissioners or the County of Indiana.
County Licensed Collector or Waste Hauler — shall mean any municipal waste collector or hauler possessing a valid license issued by the County pursuant to this ordinance.
Department or DER — shall mean the Pennsylvania Department of Environmental Resources.
Disposal - means 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.
Domestic Waste or Household Waste - means solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
Garbage — means 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 or odors, gases, or vectors.
Industrial Establishment — means any establishment engaged in manufacturing or production activities, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines, and slaugh¬terhouses.
Institutional Establishment — shall mean any establishment or facility engaged in services, including, but not limited to, hospitals, nursing homes, schools, and universities.
Leaf Waste — shall mean leaves, garden residues, shrubbery, and tree trimmings, and similar material, but not including grass clippings.
Licensed Collector or Licensed Waste Hauler—shall mean any municipal waste collector or hauler possessing a current, valid County License issued by the Indiana County Solid Waste Authority pursuant to County Ordinance No. 111391.
Municipal Waste — means any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from the operation of residen¬tial, 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 any municipal, commercial, or institutional water supply treatment plant, or air pollution control facility. The term does not include any source-separated recyclable materials or material approved by the PADER for beneficial use.
Municipality — shall mean the Township of Pine, Indiana County, Pennsylvania.
Normal Farming Operations — means the customary and generally accepted activities, practices, and procedures that farms adopt, use, or engage in year after year in the production and preparation for market of poultry, livestock, and their products; and in the production, harvesting, and preparation for market of agricultural, agronomic, horticultural, silvicultural, and aqua cultural crops and commodities, provided that such operations are conducted in compliance with applicable laws. It includes the storage and utilization of agricultural and food process wastes, screenings and sludges for animal feed, the agri¬cultural utilization of septic tank cleanings and sewage sludges which are generated off-site, and the management, collection, storage, transportation, use or disposal of manure, other agricultural waste and food processing waste, screenings and sludges on land where such materials will improve the condition of the soil, the growth of crops, or aid in the restoration of the land for the same purpose.
Person — means any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, municipality, State institution or agency, or any other legal entity recognized by law as the subject of rights and duties. In any provision of this Ordinance prescribing a fine, penalty, impris¬onment, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
Recycling — the collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
Rubbish — means all non-putrescible 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.
Salvaging — the controlled removal of recycling of material from a solid waste processing or disposal facility.
Scavenging - shall mean the unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a solid waste processing or disposal facility.
Solid Waste — names any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
Source Separated Recyclable Materials — materials that are separated at the point of origin for the purpose of recycling.
Storage — means the containment of any waste on a temporary basis in such a manner as not to consti¬tute 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.
Transportation — means the off-site removal of any municipal waste at any time after generation.
In this Ordinance, the singular shall include the plural and the masculine shall include the femi¬nine and the neuter.
SECTION 3: PROHIBITED ACTIVITIES
1.
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or
It shall be unlawful for any person to accumulate or permit to accumulate upon any public orprivate property within the Municipality, garbage, rubbish, bulky waste, or other municipal or
residual waste, or to process and/or dispose of any solid waste, including leaf waste, except in
accordance with act 97 and Act 101, and all Department Rules and Regulations adopted pursu¬ant thereto.
2.It shall be unlawful for any person to collect, haul, transport or remove any solid waste from
It shall be unlawful for any person to collect, haul, transport or remove any solid waste frompublic or private property within the Municipality without a current, valid license to do so issued
by the Indiana County Solid Waste Authority, except for an individual transporting municipal
waste generated on their own private residence or property to a County designated processing
or disposal facility.
3.It shall be unlawful for any person to scavenge any materials from any solid waste that is stored
It shall be unlawful for any person to scavenge any materials from any solid waste that is storedor deposited for collection within the Municipality without prior written approval from the Municipality.
4.It shall be unlawful for any person to salvage or reclaim any solid wastes within the Municipality
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Municipalityexcept at an approved and permitted resource recovery facility or municipal waste management
facility under any applicable Department rules and regulations adopted pursuant to Act 97 and
Act 101.
5.Any other provision of law notwithstanding, nothing in this ordinance shall be construed to re¬
Any other provision of law notwithstanding, nothing in this ordinance shall be construed to re¬strict or prohibit the storage, use, processing, or disposal of agricultural waste produced in the
course of normal farming operations, nor the use of food processing or other waste in the course
of normal farming operations, provided that such wastes are not classified as hazardous.
6.Except as otherwise provided by law, nothing in this ordinance shall be construed to restrict or
Except as otherwise provided by law, nothing in this ordinance shall be construed to restrict orprohibit composting activities or the recycling of source separated materials.
SECTION 4: STANDARDS FOR STORAGE OF SOLID WASTE
1.Storage of all solid waste shall be in containers which prevent the attraction, harborage or
Storage of all solid waste shall be in containers which prevent the attraction, harborage orbreeding of insects or rodents, which are or may become harmful to public health, and which
prevent the creation of safety hazards, odors, unsightliness or public nuisances and shall comply
with the minimum standards for the storage of municipal waste as set forth in the Department's
regulations.
2.Any person producing solid waste shall provide a sufficient number of containers to
Any person producing solid waste shall provide a sufficient number of containers tostore all waste materials generated during periods between regularly scheduled collections, and
shall place and store all waste materials therein.
SECTION 5: STANDARDS AND REGULATIONS FOR COLLECTION
1.All households and homeowners shall utilize the services of a Licensed Hauler of their choice for
All households and homeowners shall utilize the services of a Licensed Hauler of their choice fordisposal of their domestic waste or household waste; unless they can demonstrate that the waste
is properly disposed in a manner consistent with this Ordinance and applicable Department rules and regulations.
2.All Licensed Waste Haulers shall comply with the minimum standards for collection and
All Licensed Waste Haulers shall comply with the minimum standards for collection andtransportation of municipal waste set forth in the Department's Regulations.
3.All municipal waste collected within the Municipality shall only be conveyed or transported to a
All municipal waste collected within the Municipality shall only be conveyed or transported to atransfer station, processing facility, and/or disposal site designated by the Indiana County Solid
Waste Authority pursuant to the approved Municipal Waste Management Plan for Indiana County.
SECTION 6: LICENSING REQUIREMENTS
No person shall collect, remove, haul, or transport any solid waste upon or through any streetsor alleys of the Municipality without first obtaining a license from the Indiana County Solid Waste Authority pursuant to the requirements of County Ordinance No. 111391.
SECTION7: INJUNCTION POWERS
The Municipality may petition the Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this Ordinance.
SECTIONS: PENALTIES
Any person who violates any provision of this Ordinance shall, upon conviction, be guilty of a summary offense which is punishable by a fine of not more than $600.00, or in default of payment of such fine, then by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered a separate and distinct offense.
SECTION 9: SEPARABILITY
In the event that any section, paragraph, sentence, clause, or phrase of this Ordinance be de¬clared unconstitutional or invalid for any reason, the remainder of such Ordinance shall not be invalidat¬ed by such action.
SECTION l0: CONFLICT
Any ordinances or any part of any ordinance which conflict with this Ordinance are hereby repealed insofar as the same affects this Ordinance.
SECTION 11: EFFECTIVE DATE
This Ordinance shall take effect on October 01,1992.
ENACTED AND ORDAINED into an Ordinance this the 8th day of September 1992.
Township Secretary
Approved this 8th day of September, 1992
