Township of Hempfield, PA
Westmoreland County
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Chapter 70: SOLID WASTE
[HISTORY: Adopted by the Board of Supervisors of the Township of Hempfield 12-27-1990 as Ord. No. 90-21. (This ordinance also repealed former Ch. 70, Solid Waste, adopted 12-17-1969 as Ord. No. 69-11, as amended.) Amendments noted where applicable.]

GENERAL REFERENCES

Junkyards — See Ch. 52.
Recycling — See Ch. 64.

§ 70-1 Title.

This chapter shall be known and may be cited as the "Solid Waste Management Ordinance of the Township of Hempfield."

§ 70-2 Purpose.

It is hereby declared to be the purpose of this chapter to coordinate and to regulate the storage, collection, transportation, processing and disposal of all solid waste materials as herein defined in order to protect the public safety, health and welfare of the people of the Township of Hempfield, hereinafter referred to as "municipality."

§ 70-3 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings given herein:
ASHES
The residue resulting from the burning of wood, coal or other combustible material. This definition excludes ashes resulting from industrial processes.
AUTHORIZED COLLECTOR
A person, individual, partnership or corporation or employee or agent or subcontractor thereof, authorized by contract with the municipality to collect solid waste from residential, commercial and institutional properties as herein defined under the terms and conditions of this chapter.
BOARD or BOARD OF SUPERVISORS
The elected Board of Supervisors of the Township of Hempfield, Westmoreland County, Pennsylvania.
BULKY WASTE
Large items of refuse, including but not limited to appliances, furniture and large trees and branches which require collection in other than conventional compactor refuse collection vehicles. Such trees and branches must be no greater than six feet in length, five inches in diameter and properly bundled for collection.
[Amended 4-15-1991 by Ord. No. 91-6]
COLLECTOR
The person, firm, agency or public body or employee or agent thereof who is engaged in the collection and/or transportation of solid waste.
COMMERCIAL PROPERTIES
All properties used for industrial or commercial purposes, provided that multiple-dwelling residential buildings containing more than four dwelling units, for purposes of this chapter, shall be treated as "commercial properties."
CONTAINER
Can, mechanical bin, box or disposable container used for storage of refuse.
DEAD ANIMALS
Those animals that die naturally, from disease or are accidentally killed. Condemned animals or parts of animals from slaughterhouses or similar places are not included in this term but are regarded as industrial refuse.
DETACHABLE CONTAINER or MECHANICAL BIN
Any metal container which may be mechanically lifted and emptied into the collection vehicle.
DISPOSAL SITE
A site, location, tract of land, area or premises used or intended to be used for solid waste disposal.
DUMP
A site for the consolidation of waste from one or more sources which has little or no management.
FARM PROPERTY
A parcel or parcels of land devoted to agriculture; either to raising crops, livestock, poultry or pasture.
GARBAGE (FOOD WASTE)
Animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. It does not include wastes from industrial processing or manufacturing of food products, bodies of dead animals or human or animal excrement.
GOVERNING BODY
The elected officials constituting the Board of Supervisors of the Township of Hempfield.
HAZARDOUS WASTE
Solid waste that is especially harmful or potentially harmful to public health. This shall include but not be limited to explosives, toxic materials and medical waste. For purposes of this chapter, "hazardous waste" does not include small quantities of such waste available on a retail basis to the homeowner (e.g., aerosol cans, pesticides, fertilizers, etc.).
INCINERATOR
Any device used for the burning of solid waste where the factors of combustion, i.e., temperature, retention time, turbulence and combustion air, can adequately be controlled.
MUNICIPALITY
The Township of Hempfield, Westmoreland County, Pennsylvania.
OPERATOR
Any person who manages any solid waste storage, transfer, processing or disposal operation.
PERSON
Any individual, firm, partnership, association, corporation, institution or other entity.
RECYCLABLE MATERIALS
Those materials specified by the municipality for separate collection in accordance with recycling regulations. Such materials may include but not be limited to aluminum products, ferrous containers, bimetal containers, glass containers, newspapers, magazines and periodicals, plastic containers and yard wastes.
RECYCLING
The separation, collection, processing, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as solid waste pursuant to the Hempfield Township Recycling Ordinance, Ordinance No. 90-2. Editor's Note: See Ch. 64, Recycling.
REFUSE
All solid wastes, except body wastes, and shall include but is not limited to garbage, ashes, bulky waste and rubbish; except that "refuse" shall specifically exclude hazardous waste.
RESIDENTIAL PROPERTY
Properties used as dwellings, including buildings having up to four dwelling units in one building. Multiple-dwelling residential buildings containing more than four dwelling units, for purposes of this chapter, shall be treated as commercial properties.
RESIDUE
Solid materials remaining after burning, including but not limited to ashes, metals, glass, ceramics and unburned organic substances.
RUBBISH
Solid waste exclusive of garbage (e.g., nonrecyclable glass, metal, paper or plastic) and noncombustible plant material, wood or nonputrescible solid waste.
SALVAGE OPERATION
Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including but not limited to automobiles, metals, chemicals, shipping containers or drums.
SALVAGING
The controlled removal of reusable materials at a salvage operation.
SANITARY LANDFILL
A Pennsylvania Department-of-Environmen-tal-Resources-approved method of disposing of refuse on land without creating nuisances or hazards to the public health or safety. This is done by confining refuse to the smallest practical volume and covering it with a layer of earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary.
SCAVENGING
Controlled or unauthorized removal of solid waste materials.
SOLID WASTE
Garbage, refuse and other discarded solid materials, including but not limited to solid waste materials resulting from industrial, commercial and agricultural operations and from community activities. Liquids, semisolids and contained gaseous materials are hereby defined as "solid waste." It shall not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. In addition, it shall not include hazardous waste.
SOLID WASTE MANAGEMENT
The purposeful systematic control of the storage, collection, transportation, processing and disposal of solid waste.
TRANSFER STATION
A fixed facility used for receiving refuse from collection trucks and placing it in large-volume, long-haul vehicles.
YARD WASTE
Prunings, grass clippings, weeds, leaves and general yard and garden wastes.

§ 70-4 Responsibility for management.

The Hempfield Township Board of Supervisors shall be responsible for all aspects of solid waste management within the municipality.

§ 70-5 Powers and duties of responsible entity.

The Hempfield Township Board of Supervisors shall be responsible for the preparation of all necessary plans for solid waste management and shall coordinate these plans with other local, county, state and federal agencies. These plans shall control the collection, storage, transportation, processing and disposal of all solid waste materials. In accordance with all the pertinent statutes, rules and regulations of the Commonwealth of Pennsylvania, the Board shall:
A. Provide municipal solid waste collection, storage, transportation and disposal services and/or approve and regulate the establishment, maintenance and operation of private solid waste collection, storage, transportation and disposal services.
B. Aid and assist the commonwealth in the application and enforcement of rules and regulations pertaining to solid waste management.
C. Adopt, issue and enforce such local rules and regulations pursuant to § 70-16 of this chapter as are necessary to implement and to carry out the intent of this chapter.
D. Assist in the review of permits required by the commonwealth for siting and operation of transfer, processing and disposal facilities.
E. Enforce this chapter by issuing warning notices and initiating proceedings against violators of this chapter and its appurtenant rules and regulations.

§ 70-6 Duty of property owners and occupants.

A. No person shall permit any solid waste to accumulate for a period of longer than seven days upon property owned or occupied by said person in the municipality.
B. Owners and occupiers of residential property are hereby required to make accumulated solid waste available for collection as scheduled under the terms hereof.
C. All solid waste accumulated on any residential property in the municipality shall be collected, conveyed and disposed of by the municipality or by an authorized collector under contract with the municipality and in accordance with the provisions of this chapter; except that recyclable materials shall be collected, conveyed and disposed of pursuant to the provisions of the Hempfield Township Recycling Ordinance, Ordinance No. 90-9. Editor's Note: See Ch. 64, Recycling.
D. All solid waste accumulated on commercial and institutional properties shall be collected, conveyed and disposed of by the municipality or by an authorized collector under contract with the municipality and in accordance with the provisions of this chapter. The municipality shall, through specifications and contracts issued and awarded pursuant to the terms of this chapter, establish appropriate fees for such commercial and institutional properties dependent upon the quantity and volume of solid waste accumulated and the frequency by which collection must be made.
E. It shall be unlawful for any person to collect and dispose of any solid waste within the municipality except as provided in this chapter.

§ 70-7 Storage of certain wastes prohibited.

A. It shall be unlawful to keep or allow in or about any dwelling or upon any land or other premises within the municipality solid waste of any kind which is obnoxious or offensive by reason of dust or odor or which attracts insects and vermin, except in covered receptacles. The cover shall be tight and flyproof; and it shall be unlawful to retain accumulation of any of said solid waste so as to constitute a menace to the health and safety, it being a presumption that such a menace exists when more than seven days have elapsed after such solid waste is originally retained, accumulated or permitted to accumulate; and nothing herein contained shall be construed to permit the retention of any solid waste which is or becomes obnoxious or offensive by reason of dust or odor or which attracts insects or vermin.
B. No volatile liquids, explosives, radioactive material or containers which would explode upon contact with heat or fire shall be placed for collection, except small (retail-sold) spray cans.
C. No hazardous waste shall be stored or placed for collection on residential properties except for small quantities of such waste normally found in the household and available on a retail basis to the homeowner.

§ 70-8 Standards and regulations for storage prior to collection.

A. Every person shall provide sufficient approved containers for receiving and holding solid waste. Containers shall be kept in a sanitary condition at all times.
B. Garbage (food waste) and rubbish shall be stored in a container which shall have a tight-fitting cover, have suitable handles, be watertight and flyproof and be able to be carried easily by the collector.
C. Garbage (food waste) shall be drained of liquids.
D. Containers shall be kept tightly covered at all times.
E. Containers shall be of not less than 10 gallons nor more than 30 gallons in capacity for residential properties, except by special exception by the municipality.
F. Containers shall be stored on the owner's property.
G. When mechanical bins or detachable containers are in use, they shall be easily accessible to the collection vehicle.
H. The municipality specifically reserves the right to modify and to specifically provide for some other receptacle for the handling of solid waste which the governing body may at some future time deem to be acceptable, appropriate and beneficial for handling of said solid waste material.

§ 70-9 Standards and regulations for collection.

A. The municipality shall collect solid waste acceptable for collection or it may contract with authorized collector(s) to provide the service.
B. All properties, residential, commercial, industrial and otherwise, shall use the municipal or municipally-contracted collection service.
C. The collector shall provide service to all properties, residential, commercial, industrial and otherwise, within the Township of Hempfield.
D. Collection requirements.
(1) All household solid waste shall be collected at least once a week, with the exception of bulky waste and dead animals for which arrangements shall be made in advance with the collector. All institutional, commercial and industrial solid waste shall be collected as often as required by generated volumes and environmental problems.
(2) All recyclable materials shall be collected at such times and in such manner as established pursuant to the terms and provisions of the Hempfield Township Recycling Ordinance, Ordinance No. 90-9, Editor's Note: See Ch. 64, Recycling. and any rules and regulations promulgated thereunder.
(3) The collector shall provide for the pickup of leaf and/or yard waste on at least a semi-annual basis.
E. The collector shall establish and record a regular collection schedule. If a collection day falls on a holiday, the collector shall notify all customers of when collection will be made.
F. All collection and transportation vehicles shall be constructed of metal or other impervious materials, able to be enclosed or fitted with a cover which will be used to prevent spillage of the contents. All waste materials dropped on streets or roads shall be immediately picked up.
G. All vehicles shall be cleaned at sufficient frequency to prevent nuisance or insect-breeding.
H. Place of collection.
(1) Refuse containers shall, for the purpose of collection, be placed at the curb or street line, at ground level, and be made readily accessible to the collector.
(2) Notwithstanding provisions of this chapter, residential property owners, commercial establishment or other persons may, by mutual agreement with collectors, be permitted to place containers at a location on their property other than as specified in Subsection H(1).
(3) Collections shall be made from all properties throughout the municipality. This shall include all streets, dedicated or otherwise, and shall include those streets that are temporarily closed for repairs or construction. In the latter case, special collection points shall be designated by the governing body if the condition of the street would prevent access thereto by the collector's truck.
I. Frequency of collections.
(1) Collection schedule and routes. The collector shall collect solid waste, as defined herein, throughout the municipality on routes and schedules developed and mutually agreed upon by the governing body and the collector and which may be modified from time to time as necessary and as agreed upon by the governing body.
(2) Holidays. Solid waste collection shall not be made on the following holidays: January 1, New Year's Day, Last Monday of May, Memorial Day; July 4, Independence Day; First Monday of September, Labor Day; Fourth Thursday of November, Thanksgiving Day; December 25, Christmas Day.
(3) Hours. Collections shall be made at those hours mutually agreed upon between the collector and the governing body. Hours agreed upon shall be indicated within the collection contract or licenses.
J. All nonresidential properties within the Township of Hempfield shall comply with the provisions hereof and shall contract with the municipally-contracted collection service within six months after the effective date hereof. Any such property owner or commercial establishment which shall fail to comply with the terms of the subsection shall be deemed in violation of this chapter and shall be subject to the penalties set forth herein.

§ 70-10 Regulation of authorized collectors.

A. All residential solid waste within the municipality shall be collected by an authorized collector as hereinafter provided.
B. The collection of solid waste shall be done only by the person, firm or corporation to whom or to which a contract therefor shall be awarded. Such contract shall be awarded, from time to time, to the lowest responsible bidder, following the procedure set forth hereinafter.
C. The governing body from contracting period to contracting period shall, by resolution, set specifications for the collection of residential solid waste which shall apply to each prospective bidder for contract collection within the municipality.
D. The governing body, by resolution, shall request bids for solid waste collection services for a period not to exceed five years. All bid notices, awards and conditions shall be in compliance with all applicable state laws.
E. Before any contract shall be entered into for the collection of residential solid waste, the person to whom such contract is awarded shall furnish a bond with one or more sufficient sureties, to be approved by the governing body in a sum of no less than 50% of the annual contract amount. The collector shall, during the continuance of the contract, truly abide by, comply with and perform all the terms and provisions of the contract and of this chapter and such other rules and regulations as may be adopted from time to time.
F. The authorized collector shall assume full responsibility for the removal and ultimate disposition, subject to the provisions of § 70-13, of all residential solid waste from the municipality when such solid waste is placed in proper containers and in the proper locations as specified in §§ 70-8 and 70-9 of this chapter.
G. Compensation of the authorized collector for the removal of residential solid waste shall be set pursuant to the contract to be awarded under this chapter and shall be billed by the authorized collector directly to the residents of the Township of Hempfield serviced thereby.

§ 70-11 Collection vehicles, equipment and personnel.

A. All vehicles used for collection of solid waste shall be equipped with compacting devices or equivalent types of closed bodies and shall have enclosed cargo space, unless such collection is given by private individuals from solid waste generated on private property; at which time, appropriate containers shall be utilized; and all other provisions of this chapter affecting such collection shall be adhered to.
B. It shall be unlawful to collect, haul, transport or convey solid waste in open, unenclosed vehicles, unless such refuse is hauled from private property by the owner; except that open-type vehicles may be used only for the collection of large items of debris which cannot, because of size, be collected by ordinary means, in accordance with the provisions of Subsection A.
C. Trucks shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the laws of the Commonwealth of Pennsylvania, County of Westmoreland, and the municipality.
D. The collector shall furnish proof that he is the owner of the vehicle(s) to be used or he must produce, in writing, a lease or rental agreement between the titled owner of the vehicle(s) and the collector.
E. Vehicles and equipment shall not be overloaded so that garbage or trash may spill or drop on the highways or streets, nor shall the equipment be so designed or maintained so as to permit the leakage of fluids. All trucks shall be regularly cleaned and kept in proper condition and shall bear the name and address of the contractor plainly visible on both cab doors.
F. All vehicles shall be inspected by a designated agent of the municipality for compliance with the provisions of this chapter prior to the issuance of any license and shall thereafter be inspected every year on or before the anniversary date of said license.
G. Each truck shall be manned by at least one driver and one helper, except as approved by the Board (e.g., special collection vehicles or under emergency conditions).
H. Each truck shall have at least one broom and shovel to clean up refuse that may be spilled or otherwise scattered during the process of collection.
I. The collector shall file with the governing body a list of all vehicles and equipment with identification information thereon. Change in equipment shall be promptly reported to the governing body so that at all times their records will be correct and accurate.
J. The collector, at his expense, shall store and park the equipment at a convenient and lawful place. No trucks or equipment may be parked or stored on any street within the municipality, except during actual collection periods.

§ 70-12 Storage after collection.

A. All storage of solid waste after collection and before disposal shall only be in transfer stations which conform to the regulations of the Commonwealth of Pennsylvania, County of Westmoreland and the municipality. The only exception shall be full or partial-full collection vehicles which have made a final pick up for the day. In no case shall such collection vehicles be permitted to hold solid waste longer than 24 hours.
B. All plans and specifications for transfer stations shall be submitted for approval and permit issuance to the municipality, the County of Westmoreland and to the Commonwealth of Pennsylvania. A permit must be received from the commonwealth before operation commences.
C. All storage of solid waste in transfer stations shall be limited to no more than 48 hours.
D. Operators of transfer stations must submit to the municipality a contingency plan for the disposition of solid waste which is not able to be removed from the site within 48 hours because of an emergency situation.

§ 70-13 Standards and regulations for disposal.

A. It shall be unlawful for any collector to dump, process, destroy, bury or otherwise dispose of solid waste within the jurisdictional limits of the municipality except at facilities approved and permitted by the municipality, the County of Westmoreland and Pennsylvania Department of Environmental Resources.
B. All collectors shall dispose of the solid waste from the municipality at a sanitary landfill, incinerator, waste-to-energy plant or other facility approved and permitted by the Pennsylvania Department of Environmental Resources.
C. All disposal regulations at the designated disposal site shall be adhered to by the collector(s).
D. All vehicles used for collections shall use, in so far as practical, state highways when proceeding to and from the designated disposal site, except when using roads or streets in those townships or boroughs where licensed to collect.

§ 70-14 Processing methods.

A. All solid waste processing shall be accomplished by approved methods in properly permitted facilities, including but not limited to incinerators, compost plants and salvage operations conforming to all the applicable laws, ordinances and zoning requirements.
B. All plans and specifications shall be approved by the commonwealth prior to the construction and operation by such processing facilities.
C. All incinerators shall be operated so that pollution of the air will not exceed the air quality standards established by the Pennsylvania Department of Environmental Resources.
D. Residues or discards from the processing facilities shall be disposed of at a Pennsylvania-Department-of-Environmental-Resources-permitted facility.

§ 70-15 Prohibited activities.

A. It shall be unlawful for any person to scavenge any materials delivered and deposited for disposal except as may be provided for in the municipality's solid waste rules and regulations promulgated under this chapter.
B. It shall be unlawful for any person to salvage or reclaim any solid wastes except at a properly permitted facility in which salvage is an integral plan of operation.
C. It shall be unlawful to make garbage available for animal consumption unless such refuse has been heat-treated to kill any disease agent therein.
D. It shall be unlawful for any person to use, maintain or operate an open dump.
E. It shall be unlawful for any person to burn any solid waste except in a manner and under conditions prescribed by the Board of Supervisors, and such burning shall be in accordance with the pertinent rules and regulations of the commonwealth.
F. It shall be unlawful for any person to throw, place or deposit or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property except as provided in this chapter.
G. The owner or his, her or its agent or the occupant of any premises within the Township of Hempfield shall be responsible for the sanitary condition of the premises occupied by him, her or it, and it shall be unlawful for any person to place, deposit or allow to be placed or deposited on his, her or its premises any solid waste or to keep, burn or suffer to remain on his, her or its premises or any private property any refuse, nauseous liquors or other offensive or unwholesome matter or waste or to cast the same upon any lot or piece of ground belonging to this Township of Hempfield or upon any highway, street or alley or upon the shores or margins or in any of the streams within the Township of Hempfield or so near the limits thereof as to annoy or be offensive. Any violation of this section is hereby declared to be a public nuisance, and the person violating the same, in addition to paying the fine and costs imposed for the violation thereof, shall pay the costs of removing the same by the Township of Hempfield.

§ 70-16 Promulgation of additional rules.

The collection of solid waste in the municipality and the disposal thereof shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the governing body and administered by the Board; provided, however, that no such rules and regulations shall be contrary to the provisions of this chapter or applicable law.

§ 70-17 Inspection procedures.

A. All containers, vehicles, equipment, transfer stations, disposal sites, books and records of authorized, unauthorized or prospective collectors, storers, processors and disposers are subject to inspection by the Board or its authorized agent at any reasonable hour without prior notice.
B. Vehicles and equipment of collectors shall be inspected by the Board or its authorized agent before being put into operation and during operation.
C. All solid waste storage, transfer, processing or disposal facilities within the municipality shall also be inspected immediately prior to commencement of operation of the site and at least once per year thereafter in concert with representatives of the commonwealth.
D. If violations of this chapter are discovered in the course of these inspections, the Board is empowered to enforce this chapter.

§ 70-18 Insurance coverage required.

Prior to operation of any solid waste storage, transfer, processing or disposal facility within the municipality, the applicant shall be required to present evidence of insurance coverage of a type and in an amount as shall be fixed by and acceptable to the Board of Supervisors of Hempfield Township.

§ 70-19 Violations and penalties.

[Amended 4-15-1991 by Ord. No. 91-6; 11-12-1991 by Ord. No. 91-21; 4-8-1996 by Ord. No. 96-4; 6-9-1997 by Ord. No. 97-9]
A. Any person or entity violating the provisions of § 70-15A, B or C of this chapter shall, upon conviction thereof by the District Justice in a summary criminal proceeding, be punishable as follows:
(1) For a first conviction, by a fine of $50.
(2) For a second conviction within one year, by a fine of $100.
(3) For a third conviction within one year, by a fine of $200.
(4) For any fourth or subsequent conviction within one year, by a fine of not less than $500 nor more than $1,000.
B. Any person or entity violating any other provision of this chapter shall, upon conviction thereof by the District Justice in a summary criminal proceeding, be punishable by a fine of not more than $1,000, together with costs of prosecution and reasonable attorney fees. Each day's violation shall constitute a separate enforceable offense.
C. In addition to the foregoing fines, any person or entity convicted under the terms hereof shall be subject to the payment of all costs, including reasonable attorney fees. In default of payment of any fine or costs set forth herein, any person or entity convicted under the terms of this chapter may be subject to imprisonment for not more than 30 days. Each violation of any provision of this chapter and each day the same is continued shall be deemed a separate offense.
D. In the enforcement of this section, the Code Enforcement Officer of Hempfield Township may, at his sole discretion, utilize a citation notice, in a form to be approved by the Board of Supervisors, notifying the person responsible as to the violation of this chapter and providing that person an opportunity to remedy said violation within five days of the date of that notice and to impose a fine not to exceed $50 payable to the Township of Hempfield, without the necessity of a court proceeding and the imposition of attorney fees and court costs.

§ 70-20 Revocation or suspension of license.

The governing body shall have the right, at any time and without refund of any part of the license fee, to suspend or revoke the license of any authorized or private collector for any of the following causes:
A. False or misleading statements in the application for a license.
B. Lapse or cancellation of insurance coverage.
C. Collecting or transporting refuse in a careless or negligent manner resulting in dirt, odor or any unsanitary condition.
D. Failure to deposit solid waste at a Department of Environmental Resources approved disposal site in compliance with all disposal regulations in force at the approved site.
E. A violation of any part of this chapter or any other ordinances of the municipality or any applicable state or county laws.