Township of Crescent, PA
Allegheny County
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Table of Contents
Table of Contents

§ 640.01 Short title.

[Ord. No. 403, passed 12-11-1991]
This chapter shall be known and referred to as the "Solid Waste Ordinance."

§ 640.02 Definitions.

[Ord. No. 403, passed 12-11-1991]
The following words and phrases used in this chapter shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
ACT or ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).
BULKY WASTE
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 their size, shape, or weight but excludes waste caused by repairs, alterations, remodeling, demolition and/or construction or buildings or other structures and bushes, shrubs and other vegetation with earth or soil attached to the root system.
CHRISTMAS TREES
Refer to evergreen trees, commonly called Christmas trees, Christmas wreaths, Christmas decorations or items which can reasonably be interpreted as such.
COLLECTOR
Any person, firm, copartnership, association or corporation who has been licensed by the Township or its designated representative to collect, transport, and dispose of refuse for a fee as herein prescribed.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in non-manufacturing or non-processing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
COMMISSIONERS
The Board of Commissioners of Crescent Township.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
CURB PICKUP
Items placed at the curb or at a point no further than five feet from the back of the curb. Pickup of items placed more than five feet from the back of the curb shall not occur. In areas where there are no curbs, the term "curb pickup" shall refer to items placed no further than five feet from the edge of the traveled roadway. In areas where there are paved alleys, accessible to collection of garbage and rubbish from the alley rather than from the street, items shall be placed no more than five feet from the edge of the traveled alley.
DEPARTMENT
The Pennsylvania Department of Environmental Resources.
DISPOSAL or DISPOSE
The incineration, deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of 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
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
GARBAGE
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.
HAZARDOUS WASTE
Any solid waste or combination of solid wastes, as defined in the Act, which because of its quantity, concentration or physical, chemical, or infectious characteristics may: (1) cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues, clipped shrubbery and tree trimmings but not including grass clippings or garden materials constituting bulky waste.
MANAGER
The Secretary-Manager of the Township.
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residences, municipal establishments, commercial establishments or institutional establishments and from community activities; and any sludge not meeting the definition of residual waste or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source separated recyclable materials.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, 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 ordinance 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 other legal entity having officers and directors.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal waste or residual waste or any technology used to convert part of all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, and resource recovery facilities.
REFUSE
All solid waste materials which are discarded as useless.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining and agricultural operations and 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 plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law.
RUBBISH
All nonputrescible municipal waste. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings but excludes ashes from heating plants, furnaces and stoves and stones, rocks and broken concrete.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SOLID WASTE
Any waste, including, but not limited to, municipal waste, residual waste or hazardous waste, including solid, liquid, semisolid or contained gaseous material and specifically excluding source separated recyclable materials.
SOURCE SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
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 one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TOWNSHIP
Crescent Township.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
TRASH CANS
A container designed and made specifically for the purpose of storing garbage. It may be constructed of either metal or plastic. It shall be watertight, covered and no larger in size than 32 gallons and comply with the other requirements of § 640.04D hereunder.
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neutral.

§ 640.03 Prohibited activities.

[Ord. No. 403, passed 12-11-1991]
A. 
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Township, any garbage, rubbish, bulky waste, or any other municipal waste, or residual waste or solid waste except in accordance with the provisions of this ordinance, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
B. 
It shall be unlawful for any person to burn any solid waste within the Township except in accordance with the provisions of this ordinance, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
C. 
It shall be unlawful for any person to dispose of any solid waste in the Township except in accordance with the provisions of this ordinance, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
D. 
It shall be unlawful for any person to haul, transport, collect, or remove any solid waste from public or private property within the Township without first securing a license to do so in accordance with the provisions of this ordinance.
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Township without prior approval by the Township.
F. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Township except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.
G. 
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 within the Township except as provided in this ordinance.

§ 640.04 Standards for storage of solid waste.

[Ord. No. 403, passed 12-11-1991]
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.
C. 
Any person storing municipal waste for collection shall comply with the following preparation standards.
1. 
All municipal waste shall be drained free of liquids before being placed in trash cans or other approved storage containers.
2. 
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags or trash cans.
3. 
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in trash cans or other approved storage containers.
4. 
Garden clippings and tree trimmings other than leaf waste shall be placed in trash cans or other approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, not more than three feet in diameter and not more than 40 pounds in weight.
5. 
Newspapers and magazines shall be placed in trash cans or approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
6. 
When specified by the Township or its designated representatives, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
D. 
All municipal waste shall be stored in trash cans or other containers approved by the Township or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
1. 
Reusable containers shall be constructed of durable, watertight, rust and corrosion resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insect-proof, and rodent-proof.
2. 
Reusable containers shall have tight-fitting covers and suitable lifting handles to facilitate collection.
3. 
Disposable plastic bags or sacks are acceptable containers provided the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of not more than 30 gallons and a loaded weight of not more than 35 pounds.
4. 
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
E. 
Any person storing municipal waste for collection shall comply with the following storage standards.
1. 
Trash cans and other containers shall be kept tightly sealed or covered at all times. Municipal waste shall not protrude or extend above the top of the container.
2. 
Trash cans and other reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.
3. 
Trash cans and other containers shall be used and maintained so as to prevent public nuisances.
4. 
Trash cans and other containers that do not conform to the standard of this chapter or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the Township or its designated representative.
5. 
Trash cans and other containers in compliance with this ordinance shall be placed by the owner or customer for curb pickup.
6. 
With the exception of pickup days when the trash cans and other containers are placed for curb pickup, the trash cans and other containers shall be properly stored on the owner or customer premises at all times.
7. 
Bulky waste items shall be stored in a manner that will prevent the accumulation of collection of water, the harborage of rodents, safety hazards and fire hazards.

§ 640.05 Standards and regulations for collection.

[Ord. No. 403, passed 12-11-1991]
A. 
The Township shall provide for the collection of all garbage, rubbish, and bulky wastes from all residences, commercial establishments, institutional establishments, community activities, and municipal establishments, including but not limited to:
1. 
Municipal Building;
2. 
Fire Hall;
3. 
Riverview Park;
4. 
Shouse Park; and
5. 
Street receptacles.
B. 
All parties described in § 640.05A above shall utilize the collection service provided by the Township unless they can demonstrate that they have made alternate arrangements that are consistent with this chapter and approved by the Township.
C. 
All garbage, rubbish and bulky wastes shall be collected at least once a week.
D. 
The collector shall collect, remove and dispose of, throughout the entire Township from the curb, all Christmas trees, beginning on January 2, to and including January 15 of each year.
E. 
Collection schedules shall be published regularly by the Township or its collector.
F. 
All municipal waste collection activity shall be conducted from: Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m. or on Saturday between the hours of 6:00 a.m. and 6:00 p.m. unless prior approval or any exception has been granted by the Township. No collection, hauling, or transporting of municipal waste shall be permitted on Sunday.
G. 
Schedules concerning the dates on which collections will be made within the Township boundaries, must be submitted to the Manager for approval so that the collector will collect continuously in Crescent Township throughout the term of his contract. Completed schedules must be submitted to the Township no later than November 1 for each year in any contract.
H. 
All collectors shall comply with the following standards and regulations.
1. 
All municipal waste collected within the Township shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan — 1990 or on subsequent revisions thereto.
2. 
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97, and any Department regulations adopted pursuant to Act 97 and must be licensed by the Allegheny County Health Department.
3. 
All collection vehicles conveying waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
4. 
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
5. 
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
6. 
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.

§ 640.06 Contract with collector.

[Ord. No. 403, passed 12-11-1991]
A. 
Commissioners of the Township shall be authorized to make funds available, in accordance with the laws and procedures of the Township, for the establishment, maintenance, and operation of a municipal waste collection and disposal system; or for the contracting of such service to a collector.
B. 
Under any contract with a collector, the collector shall agree that the collector shall be responsible for any loss, personal injury, death and/or other damage that may be done to or suffered by any employee of the collector or any other persons in connection with the operations to be carried out pursuant to the contract and shall indemnify and save the Township and/or any of its officers, agents, or servants harmless against any claims for any such loss, injury, death and/or other damages including cases of loss, injury, death and/or damages for which either or both of the parties hereto may or shall be liable.
C. 
Any person or persons under the direction or control of the collector or his agents, or servants, or any person or persons performing the duties of the collector which arise pursuant to this ordinance, the contract or the collector, shall be deemed to be employees of the collector.
D. 
The collector shall carry an insurance policy providing complete comprehensive general liability insuring the collector and the Township, limits of which shall not be less that $1,000,000 for bodily injury and $1,000,000 for property damage. The Township shall be named as coinsured with the collector under the aforesaid insurance policies. The collector also shall carry adequate insurance to cover the risk and requirements specified under the Workmen's Compensation Laws of the Commonwealth of Pennsylvania. Any collector shall immediately upon engagement by the Township, furnish certificates evidencing his compliance with the provisions of this paragraph.
E. 
The collector shall maintain a telephone with personnel available to answer calls at all times between the hours of 8:30 a.m. and 5:00 p.m., prevailing time, Monday through Friday. The telephone maintained by the collector shall be in an exchange which may be called at flat rate from the Township Municipal Building and does not require a toll call of any sort.
F. 
The term of any contract, and the specifications of the contract shall be as determined by the Township.
G. 
Upon any bidding procedures for obtaining a contract with the Township, each bid shall be accompanied either (1) by a certified check or Treasurer's check in the amount of 10% of the base bid for the current year payable to the Township, or (2) by a bid bond in the same amount with good and sufficient surety, payable to the Township.
H. 
The collector shall, within 14 calendar days after receipt of notice that a contract has been awarded, file with the Township, a performance bond with surety acceptable to the Commissioners in the amount of 100% of the contract price for the initial contract year and such other bonds as are required by the Township from time to time under the contract.
I. 
All labor and equipment of every kind necessary to carry out the provisions of the specifications contained in this ordinance shall be furnished by, and at the expense of, the collector. The minimum equipment required for each phase of the work shall be as follows:
1. 
The collector shall provide a sufficient number of new and/or late model automatic packer trucks to make all collections in accordance with published and distributed schedules. The packer trucks must be available for inspection and approval from time to time by the Township.
2. 
Pennsylvania prevailing wage. The Pennsylvania Prevailing Wage Act No. 442 does not apply to contracts for the collection and removal of garbage and household rubbish.
J. 
Any contract or contract options which arise submitted in accordance with the specifications contained in this ordinance shall not be assigned, sold, transferred, or set over to any other person or persons, without the written consent of the Commissioners.
K. 
Any violation by a collector engaged by the Township of these specifications shall be sufficient cause for immediate cancellation of the contract by the Commissioners, who may thereupon obtain the necessary equipment, employ the necessary labor, and otherwise proceed to perform the work under the contract, and/or advertise and re-let the work, all at the expense of the offending collector and his surety.
L. 
A copy of any agreement which a collector will be required to sign shall be kept on file in the office of the Manager, and may be seen by prospective bidders upon request.
M. 
The collector shall comply (i) with the provisions of Pa. Stat. Ann. Tit. 16 §§ 5175 et seq. as amended, relating to the transportation and disposal of garbage; (ii) with all applicable ordinances and resolutions of the Township; (iii) with all applicable ordinances and resolutions of other municipalities (including the payment of all applicable fees and charges) through which the collector's trucks and equipment will travel; and (iv) with all applicable rules, regulations, and requirements of the County of Allegheny, the Commonwealth of Pennsylvania and Federal Government. Any bidder must submit, with any bid, a certified copy of the authorization which permits his method of disposal.
N. 
The collector shall be required to submit monthly reports to the Manager, not later than 10 days after the end of each calendar month, which reports shall show the total number of tons picked up that month. This information is to be used for statistical purposes by Township.
O. 
The collector to whom any contract is awarded shall file within 10 days after receipt of notification that any contract has been awarded, two properly executed copies of the contract referred to in Subsection L above, with the Manager.
P. 
The Commissioners reserve the right at their option to reject any or all bids and waive any and all technicalities, informalities, or other minor deviations from the bid documents. Bids shall hold firm and may not be withdrawn until 48 days after the bid opening date.
Q. 
If any successful bidder shall fail, within the times and in the precise manner specified, either to furnish the insurance certificates, to file the performance bond or to execute and file the contract, the Township may, in addition to exercising any other rights or remedies otherwise available under applicable law, declare a forfeiture of the 10% certified check, Treasurer's check or bid bond submitted with the collector's bid and may readvertise for bids.
R. 
Each bidder shall provide either evidence of ownership or evidence of a noncancellable agreement covering use of the disposal area for a period coinciding with the term including any renewals of the contract. Such evidence shall accompany each bid and shall set forth the fee or tipping fee which shall be in effect at the time the contract commences.
S. 
If during the term of any contract, the County of Allegheny, or any of its agencies, should request the Township to participate in its program, any contract may be terminated upon 120 days' written notice of such termination given to the collector by the Township. Notwithstanding the foregoing, however, in order that there will be no disruption of service during the introduction of the county-wide program, the Township shall have the option of continuing the contract on a labor and equipment basis for the remainder of the unexpired term of the contract, or until such time as the county-wide program shall become fully operative, whichever shall be first to occur.
T. 
A list of bidder's equipment and a list of municipalities and length of contract shall be attached to bid.
U. 
Any contract shall be based on the number of residential and business units that will be serviced by the successful bidder, as kept on file by the Manager. The number of residential units as determined from said files shall be the basis for determining additional amounts due under the "Supplements" portion of any bid. Due to the fluctuation in nonresidential units, the collector shall make his own count and determination of the existing and possible future changes in nonresidential units reflect the same in his bid. The Township will, on inquiry by prospective bidders, furnish such information on future changes as is available.
V. 
Present conditions in the Township indicate that additional single, and multifamily units may be built in areas of the Township during any contract. Inasmuch as the collection costs of one- and two-family units differ, the Township shall specifically set forth separate bids for each type of supplemental units on the bid.
W. 
It is the bidder's responsibility to make a complete inspection of the Township so that he will be familiar with all conditions under which he bids.
X. 
The collector shall maintain (i) a container at the Municipal Building, (ii) containers at the Township Fire Hall and (iii) containers at Shouse Park, at all times. These containers shall be emptied no later than Friday of each week.
Y. 
Each truck used in the Township for the collection of garbage, rubbish and other refuse shall at all times have a minimum crew of two men. The operator of the truck shall stay in or near the vehicle at all times during the collection process and shall locate the truck so that traffic is disrupted or blocked as little as possible. The operator of the truck shall report spills or leaks of oil, hydraulic fluids, paint, etc., to the Manager as soon as possible.
Z. 
Special pickups may be arranged by the Collector in instances where property owners and/or residents have items in quantities or types not covered by the contract the collector is subject to. Such special pickups shall be made between the collector and the owners or residents.
AA. 
The collector shall upon proper notice, collect garbage, rubbish and bulky waste from the rear yard of the dwellings of the elderly or disabled.
BB. 
The collector will be required to maintain a local office, within a 25 mile radius of the Township, for the life of any contract. Said local office shall be staffed competent supervisor or representative, who shall be available during normal business hours to receive complaints and directions from the Township and who shall be clothed with full authority by the collector to execute such orders as may be necessary to handle such complaints and follow such directions.
CC. 
The Township will compensate the collector for escalation in tipping fees during any contract in accordance with its terms.
DD. 
The collector agrees that the consideration for the services covered by the Township in monthly installment payments, such payments to be made for any given month on or before the 15th day of the next succeeding month.

§ 640.07 Collection and disposal charges.

[Ord. No. 403, passed 12-11-1991; Ord. No. 440; passed 4-9-1997]
A. 
Annual fee schedules shall be published by the Township on any competitively bid collection service contract that may be awarded by the Township.
1. 
The fee shall be assessed, billed, collected and paid on an annual basis by the real property owner(s) and/or the occupant(s) of each dwelling unit, commercial establishment, industrial establishment and institutional establishment in the Township. It is the express intention of the within subsection that the liability or responsibility to pay collection and disposal charges is joint and several with the owner(s) and occupant(s) of said real property. The failure to receive a bill for collection and disposal charges shall not relieve the owner(s) or occupant(s) of the duty to pay said charges as the benefit of collection and disposal of solid waste benefits both the owner(s) and occupant(s) of real property which is subject to said charges. Nothing in this subsection shall prevent or limit the Township from enforcing the collection of solid waste fees by any manner allowed by law, including, but not limited to the filing of a civil action against the owner(s) and/or occupant(s) of subject real estate in a court of competent jurisdiction or the filing of a municipal claims lien against the subject real estate.
[Amended 3-15-2011 by Ord. No. 533]
2. 
A prepayment discount of 2% shall be granted if the entire annual fee is prepaid within the discount period, such period to be determined annually by resolution of the Commissioners;
3. 
A delinquency charge of 5% shall be added to each annual fee not paid prior to the delinquency date, such date to be determined annually by resolution of the Commissioners; and
4. 
Any annual fee not paid by December 31 of the year in which it was assessed shall be subject to the said delinquency charge of 5% and shall be subject to an additional delinquency charge for collection fees in the amount of 44% of the annual fee and the delinquency charge imposed pursuant to Paragraph 3.
B. 
This section shall not be construed as relieving or reducing the obligation that any person may have now or in the future to make direct payments to the collector for municipal waste removal services.
C. 
A garbage removal fee collector shall be appointed by the Commissioners by resolution at its reorganization meeting held every other year, and the collector shall be responsible for collecting on behalf of the Township the fees for removal of garbage, rubbish and bulky waste in a manner consistent with this chapter.

§ 640.08 Regulations.

[Ord. No. 403, passed 12-11-1991]
The Manager, upon the approval of the Commissioners, in order to protect the health and safety of the people of the Township, is hereby authorized and directed to make such regulations as to the collection, removal, transportation and disposal of municipal waste within the Township as are necessary for such purposes and for the purpose of carrying out the provisions of the chapter. Such regulations may be changed or amended by the Manager upon the approval of the Commissioners from time to time.

§ 640.09 Administrative appeals.

[Ord. No. 403, passed 12-11-1991]
A. 
All appeals shall be made in writing to the governing body of the Township.
B. 
Pending a reversal or modification, all decisions of the Township shall remain effective and enforceable.
C. 
Appeals may be made by any person who is aggrieved by a new standard or regulation issued by the Township within 10 days after the Township gives notice of its intention to issue the new standard or regulation.
D. 
The notice of appeal shall be served in writing and sent by certified mail with return receipt requested, within 20 days after receipt of the notice of appeal, the Township shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in the local newspaper.

§ 640.10 Injunction powers.

[Ord. No. 403, passed 12-11-1991]
The Township may petition the Court of Common Pleas of Allegheny County for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this ordinance.

§ 640.11 Penalties.

[Ord. No. 403, passed 12-11-1991]
Any person who violates any provision of this ordinance shall, upon conviction, be guilty of a misdemeanor which is punishable by a fine of $300, or in default of payment of such fine, than 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.

§ 640.12 Comprehensive Solid Waste Management Plan.

[Ord. No. 403, passed 12-11-1991]
The Township hereby approves and adopts the Allegheny County Comprehensive Solid Waste Management Plan, as prepared by the Allegheny County Planning Commission pursuant to the Pennsylvania Solid Waste Management Act No. 241 as amended, as it pertains to the Township.

§ 640.13 Separability.

[Ord. No. 403, passed 12-11-1991]
In the event that any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of such ordinance shall not be invalidated by such action.

§ 640.14 Conflict.

[Ord. No. 403, passed 12-11-1991]
Any ordinances or any part of any ordinance which conflict with this ordinance are hereby repealed insofar as the same affects this ordinance.

§ 640.15 Effective date.

[Ord. No. 403, passed 12-11-1991]
This ordinance shall take effect on December 17, 1991.