[HISTORY: Adopted by the Board of Supervisors of Mount Pleasant Township 4-5-2000 by Ord. No. 78.[1] Amendments noted where applicable.]
[1]
Editor's Note: Section 2 of Ord. No. 102 provided for the reenactment of this ordinance upon the repeal of Ord. No. 99.
This chapter shall be known and referred to as the "Solid Waste Ordinance."
A. 
The following words and phrases as used in this chapter shall have the meaning ascribed 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), 35 P.S. § 6018.101.
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Action (SB 528, Act 1988, No. 101, July 1988), 53 P.S. § 4000.101 et seq.
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.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CONSTRUCTION AND DEMOLITION WASTE
Solid waste resulting from the construction or demolition of buildings and other structures, including but not limited to wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term does not include the following if they are separate from other waste and are used as clean fill:
(1) 
Uncontaminated soil, rock, stone, gravel, unused brick, block and concrete.
(2) 
Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
DISPOSAL
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
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 or gases.
HAULER or PRIVATE COLLECTOR
Any person, firm, copartnership, association of corporation who or which has been licensed by the municipality or its designated representative to collect, transport, and dispose of refuse for a fee as herein prescribed.
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.
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 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.
MUNICIPALITY
Mount Pleasant Township, Washington County, Pennsylvania.
OCCUPIED DWELLING
A permanent building or fixed mobile home that is currently being used on a regular or temporary basis for human habitation.
PERSON
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 or rights and duties. In any provisions of this chapter 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 or residual 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 facilities, composting facilities, and resource recovery facilities.
REFUSE
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 agriculture 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 (52 P.S. § 30.52 et seq.). 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 Act of June 22, 1937 (P.L. 1987, No. 934) known as the Clean Streams Law (35 P.S. § 691.1 et seq.).
RESOURCE RECOVERY FACILITY
A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including, but not limited to, a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product.
RUBBISH
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.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SEWAGE TREATMENT RESIDUES
Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal waste and require proper disposal under Act 97.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
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. The presumption can be overcome by clear and convincing evidence to the contrary.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
B. 
In this chapter, the singular shall include the plural, and the masculine shall the feminine and the neuter.
A. 
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the municipality, any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provisions of this chapter any rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania.
B. 
It shall be unlawful for any person to dispose of any solid waste in the municipality except in accordance with the provisions of this chapter and any rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania.
C. 
It shall be unlawful for any person to haul, transport, collect, or remove any solid waste from public or private property within the municipality without first securing a license to do so in accordance with the provisions of this chapter.
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.
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 rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania.
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 within the municipality except as provided in this chapter.
A. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects, 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. All waste materials shall be placed and stored in approved containers.
C. 
Any person storing municipal waste for collection shall comply with the following preparation standards:
(1) 
All municipal waste shall be drained of free liquids before being placed in storage containers.
(2) 
All garbage shall be securely wrapped in paper, plastic, or similar material or placed in properly tied plastic bags.
(3) 
Garden clippings and tree trimming shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, not more than two feet in diameter and not more than 40 pounds in weight.
(4) 
Newspapers and magazines shall be placed in approved containers or shall be secured into bundles not more than 40 pounds in weight.
(5) 
When specified by the municipality or its designated representative, special preparation and storage procedures may be required to facilitate the collection and recycling of certain recyclable materials.
D. 
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 leak-proof, weather-proof, insect-proof, and rodent-proof.
(2) 
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
(3) 
Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons.
(4) 
Disposable plastic bags are acceptable containers, provided that 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 40 gallons and a loaded weight of not more than 40 pounds.
E. 
Any person storing municipal waste for collection shall comply with the following storage standards:
(1) 
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
(2) 
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) 
Containers shall be used and maintained so as to prevent public nuisances.
(4) 
Containers that do not conform to the standards 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 municipality or its designated representative.
(5) 
Containers shall be placed by the owner or the customer at a collection point specified by the municipality or its designated representative.
(6) 
With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.
(7) 
Bulk waste items such as furniture, automobile parts, machinery, appliances, and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
(8) 
Containers shall be placed at the curb, roadside or other designated collection point by 6:00 a.m. on the scheduled day of collection but shall not be so placed prior to 5:00 p.m. on the day before collection. Empty containers shall be removed to the premises from the curb, roadside or other designated collection point by 11:00 p.m. of the day of collection. Between scheduled collections, such containers shall be stored on the premises at such locations to be unseen from the public streets or roads or from the front yards of immediately neighboring property.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this chapter. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler, and are subject to approval by the municipality.
A. 
The municipality shall provide for the collection of all garbage, rubbish, and bulky wastes from individual owner-occupied residences or condominium units and rental multifamily residential sources with four or fewer units. All individual owner-occupied residences or condominium units and rental multifamily residential sources with four or fewer units shall:
[Amended 1-24-2007 by Ord. No. 108; 11-20-2019 by Ord. No. 151]
(1) 
Utilize the residential collection service provided by the municipality.
(2) 
Pay the appropriate fee for collection, as determined by the fee schedule published by the municipality. These fees shall be invoiced solely to and due payable by the owner (i.e., not tenant) of an individual residence or multifamily residence with fewer than four units regardless of actual participation in the collection service.
B. 
All households shall utilize the residential collection service provided by the municipality.
C. 
All multifamily residential sources with more than four rental units, commercial, institutional, and industrial establishments shall negotiate and individually contract collection service with the municipality's collector or any other properly licensed waste hauler of their choice.
D. 
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The municipality reserves the right to require more frequent collection when deemed necessary.
E. 
Residential collection schedules shall be published regularly by the municipality or its contracted hauler.
F. 
All solid waste collection activity shall be conducted from Monday through Saturday between the hours of 6:00 a.m. and 6:00 p.m., unless prior approval of any exception has been granted by the municipality. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
G. 
All licensed haulers and haulers under contract with the municipality shall comply with the following standards and regulations:
(1) 
All municipal waste collected within the municipality shall be conveyed by the hauler to a transfer station, processing facility, or disposal site approved by the Commonwealth of Pennsylvania.
(2) 
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97 and Act 101 and any regulations adopted pursuant to Act 97 and Act 101, including the Title 25, Chapter 285, Subchapter B, Regulations for the Collection and Transportation of Municipal Waste.
(3) 
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vermin, the creation of odors and other nuisances.
(4) 
Collection vehicles for rubbish 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.
A. 
The rate of charges to each household dwelling for the collection and disposal of solid wasted shall be in accordance with the agreement between the municipality and contracted hauler.
B. 
The municipality's contracted hauler and other licensed haulers shall be responsible for the collection of any fees for solid waste collection and disposal services provided to residential, commercial, institutional, or industrial sources within the municipality.
A. 
No person shall collect, remove, haul or transport any solid waste upon or through any streets or alleys of the municipality without first obtaining a license from the municipality or its designated representative.
B. 
Any person who desires to collect, haul, transport or dispose of any solid waste within the municipality shall submit a license application and an application fee as set from time to time by resolution of the Board of Supervisors to the municipality. A minimum period of 30 days shall be allowed for the municipality to review the application and take approval or denial action. The municipality shall waive the application for the hauler under contact to the Township and collect residential waste. This exemption applies only to the residential services provided for under the contract with the Township.
C. 
The license application shall set forth the applicant's qualifications and include the following information at a minimum:
(1) 
Name and mailing address.
(2) 
Contact person and telephone number.
(3) 
List of available equipment and manpower.
(4) 
Type of wastes to be collected.
(5) 
Manner of method of collection.
(6) 
Frequency of collection.
(7) 
Point of collection.
(8) 
Proposed place and method of disposal for each type of waste.
(9) 
A certificate of insurance identifying the type and amounts of coverage carried by the applicant.
D. 
Prior to issuing a license, the municipality may require an applicant to submit a certificate of insurance as evidence of insurance - coverage for the minimum amounts specified by the municipality.
E. 
All licenses shall be issued for a period of one calendar year and shall be nontransferable.
F. 
An existing licensee shall submit a new license application and license fee to the municipality at least 30 days prior to the expiration of the license, if license renewal is desired. If the licensee continues to satisfy the requirements for a license, the license shall be renewed. The municipality reserves the right to deny a license renewal if the licensee is in violation of the provisions in the chapter.
G. 
Any misrepresentation or falsification on a license application may be grounds for rejection of an application or immediate revocation of a license which has already been issued.
H. 
Licensed haulers shall be responsible for maintaining current lists of customers serviced and records of the amounts and types of waste collected within the municipality. Such records and customer lists shall be available for inspection and be provided to the municipality or its designated representatives upon request.
A. 
In the event that a licensed hauler is found to be in violation of this chapter, the municipality may take to following actions, as its discretion, depending on the nature of the violation:
(1) 
The municipality may issue a notice of violation to the licensee. This notice shall be in writing and sent by certified mail with return receipt requested to the address the licensee gave in the license application. The notice shall state the nature of the alleged violation(s) and the necessary corrective action required. The licensee shall be provided a reasonable time period to either correct the violation(s) or appeal. If the violation is not corrected or appealed within the specified period, the license shall automatically be revoked with no right to administrative appeal, and the licensee may be prosecuted under the penalty provisions of this chapter; or
(2) 
The municipality may immediately revoke the hauler's license by issuing a written notice of license revocation to the licensee by certified mail with return receipt requested. The notice of revocation shall state the reasons for the municipality's actions and inform the licensee that the decision may be appealed within 10 days after receipt of the notice. Any appeal must be filed in writing and show cause why the municipality should not carry out the license revocation.
B. 
In the event that any person other than a licensed hauler is found to be in violation of this chapter, the municipality may issue a written notice of violation to the alleged violator. This notice shall be in writing and sent by certified mail with return receipt requested. This notice shall state the nature of the violation(s) and the necessary corrective actions required in detail. The person notified shall be provided a reasonable time period (stated in notice) to either correct the violation(s) or appeal.
A. 
All appeals shall be made in writing to the governing body of the municipality.
B. 
Pending a reversal or modification, all decisions of the municipality shall remain effective and enforceable.
C. 
Appeals may be made by the following persons:
(1) 
Any person who is aggrieved by the granting or the refusal to grant a license by the municipality may appeal within 10 days after the municipality announces the denial.
(2) 
Licensees whose licenses have been revoked may appeal within 10 days after receiving the municipality's notice of license revocation.
(3) 
Licensees and nonlicensees who have received notices of violation may appeal within the time limit stated in their notice of violation.
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 municipality 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.
The municipality may petition the Washington County Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this chapter.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.