Part 1
Municipal Solid Waste Ordinance
§20-101 Title.
This Part shall be known as the “Wolf Township Solid Waste Ordinance.”
(Ord. 2004-1, 3/8/2004)
§20-102 Definitions.
As used in this Part, the following terms have the meaning indicated, unless a different meaning clearly appears from the context.
Compost - a mixture of decaying organic matter, such as leaves and manure, used as fertilizer.
Disposal - the incineration, deposition, injection, dumping, spilling, leaking, or placing of municipal waste into or on the land or water in a manner that the solid waste or a constituent of solid waste enters the environment, is emitted into the air, or is discharged to the waters of the Commonwealth of Pennsylvania.
Management - the entire process, or any part thereof, of storage, collection, transportation, processing, treatment, and disposal of municipal wastes by any person engaging in such process.
Municipal Waste - 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 as defined in the Pennsylvania Solid Waste Management Act of 1980, 35 P.S. §6018.101 et seq., from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant, or air pollution control facility.
Person - any individual, partnership, corporation, association, institution, or cooperative enterprise. For purposes of imposing a fine, imprisonment or penalty, or any combination of the foregoing, the term shall include the officers and directors of any corporation or other legal entity having officers and directors.
Processing - any technology used for the purpose of reducing the volume of municipal waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer stations, meting facilities, and resource recovery facilities.
Refuse - all materials which are discarded as useless.
Regular - at least two or more times per month.
Residual Waste - any garbage, refuse, other discarded material of other waste including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge resulting from industrial, mining or agricultural water supply treatment facility, waste water 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.”
Solid Waste - any waste, including but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
Solid Waste Management Act - the Act of July 7, 1980 (P.L. 380, No. 97), as amended, 35 P.S. §6018.101 et seq.
Storage - 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 1 year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
Township - Wolf Township, Lycoming County, Pennsylvania, and the Board of Supervisors.
Transportation - the off-site removal of any municipal waste at any time after generation.
(Ord. 2004-1, 3/8/2004)
§20-103 Authorization of Collectors.
It shall be unlawful for any person, other than such persons as are duly authorized by Lycoming County, to collect and transport solid waste of any nature as a regular hauling business within or from the Township.
(Ord. 2004-1, 3/8/2004)
§20-104 Preparation and Storage of Solid Waste.
1. The storage of all solid waste shall be practiced so as to prevent the attraction, breeding, or harborage of insects or rodents and to prevent conditions which may create potential hazards to the public health or which create fire and other safety hazards, odors, unsightliness or public nuisance.
2. Any person accumulating or storing garbage on private or public property in the Township for any purpose whatsoever (including waste being stored temporarily for ultimate disposal in a bulk container, as well as waste being stored for door-to-door collection) shall place the same or cause the same to be placed in sanitary closed or covered containers.
3. Solid waste to be collected on a door-to-door basis shall be prepared for such collection in a manner agreed upon by the property owner and hauler.
4. Solid waste of a highly flammable or explosive nature, or highly infectious or contagious wastes shall not be stored for ordinary collection, but shall be disposed of in accordance with the regulations of the Commonwealth of Pennsylvania, Department of Environmental Protection.
(Ord. 2004-1, 3/8/2004)
§20-105 Collection and Collection Charges.
1. Solid waste to be collected by a licensed hauler shall be prepared for and collected at sufficient intervals to protect the general health, safety and welfare of the neighborhood.
2. Any person or commercial establishment authorized to dispose of their own waste shall provide for collection at intervals short enough to prevent accumulations of waste that may be unsafe, unsightly, or potentially harmful to the public health.
3. All agreements for collection, transportation and disposition of solid waste collected on a door-to-door basis shall be by private contract between the person and the collector.
(Ord. 2004-1, 3/8/2004)
§20-106 Transportation of Solid Waste.
Any person transporting solid waste within the Township shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste and comply with all rules and regulations of the Department of Environmental Protection.
(Ord. 2004-1, 3/8/2004)
§20-107 Disposal of Solid Waste.
1. All solid waste produced, collected, and transported from within the jurisdictional limits of the Township shall be, to the extent permitted by law, disposed of at the Lycoming County Solid Waste Management Plant unless otherwise controlled and permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection. [Ord. 2004-1]
2. It shall be unlawful for a licensed or authorized collector in the Township to dispose of solid waste collected within the Township at a place other than the facilities designed in the County Solid Waste Management Plan, as approved by the Department of Environmental Protection.
3. The disposal of bulky wastes; such as, but not limited to, refrigerators, stoves, other appliances, pieces of furniture, auto parts and other household goods and equipment shall be performed by commercial or private collection unless a clean-up campaign by the Township shall prescribe the manner of such collection and disposal.
(Ord. 2004-1, 3/8/2004)
§20-108 Penalties and Remedies.
1. Any person, firm or corporation who shall violate any provision of this Part shall be guilty of a summary offense and shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 together with the cost of prosecution and in default of payment of said fine and costs, to be sentenced to a term of imprisonment not to exceed 30 days. Each violator of the provisions of this Part shall be deemed guilty of a separate offense for each and every day such violation shall continue and shall be subject to the penalty imposed by this Section for each and every such separate offense.
2. In addition to the foregoing penalty, the Township may require the owner or occupant of a property to remove any accumulation of solid waste and should said person fail to remove the same within 10 days after written notice, the Township may cause the same to be done and collect the costs thereof together with a penalty of 10% of such costs in the manner provided by law for the collection of municipal claims or by action in assumpsit or may seek relief by bill of equity.
3. It is hereby designated that the Township official to whom all notices under this Part are to be given and by whom all provisions of this Part are to be enforced is: the Codes Enforcement Officer.
(Ord. 2004-1, 3/8/2004)