[HISTORY: Adopted by the Board of Supervisors of the Township of White as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-27-1990 by Ord. No. 915]
For the purpose of this article, the following words and phases shall have the meanings respectively ascribed to them by this section:
- Used cans comprised of 100% aluminum.
- COMMERCIAL, MUNICIPAL OR INSTITUTIONAL ESTABLISHMENT
- Any nonresidential establishment that is intended for human occupancy, whether temporary or permanent.
- CORRUGATED PAPER
- Any structural paper material with an inner core shaped in rigid parallel furrows and ridges, including, but not limited to, cardboard boxes and cartons.
- DORMITORY PROPERTY
- Any residential property within the Township of White that contains thereon one or more dormitory structures.
- DORMITORY STRUCTURE
- A structure or portion of a structure that is designed so as to provide sleeping quarters in one integral unit, with toilet facilities and/or kitchen facilities being shared by other occupants living in the structure.
- Includes glass bottles and jars and all products made from silica or sand, soda ash and limestone; the product being transparent or translucent (green or brown/amber in color) and being used for packaging or bottling of various matters excluding, however, blue or flat glass commonly known as "window" and "lead-based" glass, such as crystal or TV tubes.
- HIGH-GRADE OFFICE PAPER
- Any bond, copier, letterhead or mimeograph paper typically sold as white ledger paper and computer paper.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
- 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 in the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
- MULTIFAMILY RENTAL HOUSING PROPERTY
- Residential property within the Township of White containing thereon dormitory and/or apartment structures occupied predominantly on a tenant basis, but not including single-family and/or mobile home units.
- Includes recyclable paper of the type commonly known as "paper," but excluding therefrom periodicals, magazines and chemically coated paper.
- A. Includes nonmetallic recyclable containers or items which are synthetically produced from organic compounds by polymerization and comprised primarily of one of the following basic materials:
- B. Plastics required to be recycled will be identified by the commonly used name for the container or item such as plastic milk bottle, plastic soda bottle or plastic trash bags.
- RESIDENTIAL PROPERTY
- Any property within the Township of White that contains thereon one or more residential unit, and/or one or more dormitory structure.
- RESIDENTIAL UNIT
- A structure or portion of a structure that is designed so as to provide sleeping quarters, toilet facilities, and kitchen facilities in one integral unit, to include single-family units, multifamily units and mobile home units.
- SOLID WASTE
- Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
- STEEL AND BIMETALLIC CANS
- Recyclable food and beverage containers fabricated primarily of steel, tin, a combination of steel and tin or a combination of steel and aluminum, said container which when full shall not exceed 50 pounds.
- USED BEVERAGE CANS
- Includes recyclable cans fabricated primarily of aluminum or a combination of steel and aluminum which are used for soda, beer or other beverages.
On and after September 26, 1990, for commencement of mandatory curbside recycling, it shall be mandatory for all persons who are owners, lessees and occupants of residential property to separate aluminum, clear glass, and colored glass, from all other solid waste produced by such residence for collection and ultimate recycling of said materials.
[Amended 10-28-2015 by Ord. No. 1071]
On and after November 2, 2015, it shall be mandatory for all persons who are owners, lessees and occupants of residential property to separate newsprint and acceptable plastics No. 1 (PET or PETE) and acceptable plastics No. 2 (HDPE) in addition to all materials listed in the previous Subsection A.
On and after September 26, 1990, it shall be mandatory for all persons who are owners, lessees and occupants of residential property to separate leaf waste from all other solid waste produced by such residence.
An owner, landlord or agent of an owner or landlord of multifamily rental housing properties with four or more units may comply with its responsibilities under this article by establishing a collection system for recyclable materials at each property. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this act shall not be liable for the noncompliance of occupants of their building.
On and after September 26, 1990, it shall be mandatory for all owners, lessees and occupants of commercial, municipal or institutional establishments to separate leaf waste, aluminum, corrugated paper, high-grade office paper, clear glass, and colored glass from all other solid waste produced by such nonresidential establishments for collection and the ultimate recycling of such material. This requirement also applies to community activities, such as fairs and organized sporting events.
A commercial, municipal or institutional establishment may be exempted from participating in the Township sponsored recycling program if the establishment:
[Amended 10-28-2015 by Ord. No. 1071]
Has provided on its own for recycling of the required materials identified in Subsection D above.
Has provided to White Township or designated agent (Indiana County Solid Waste Authority) on or before February 1 of each year documentation of the weight of the various materials recycled during the period January 1 to December 31 of the preceding year. Documentation for all recycled tonnage must include copies of records originating from either the entity collecting the commercial materials (hauler), or the entity accepting the commercial materials (market). This documentation could include weight slips, market receipts, or signed hauler and market reports verifying all tonnage claims.
In the future, the Board of Supervisors of the Township of White reserves the right to add or delete any one or more of the following recyclable materials to the list of items required to be recycled, as identified in Subsections A through D above:
Once identified and made known to the public (as provided below), it shall be mandatory for all persons, partnerships or corporations, who are owners, lessees and occupants of residential property, and/or commercial, municipal, or institutional establishments, to separate or cease separating one or more of the above-referenced recyclable materials from all other solid waste produced by such residential property or nonresidential establishments. In such instances, however, the Township shall notify all persons occupying residential property, and commercial, municipal, or institutional establishments at least 90 days prior to implementing any new requirements imposed by this article or any amendments thereto. Such notice shall be in the form of radio and newspaper advertisements and brochures distributed during regularly scheduled collection activities.
The Board of Supervisors of the Township of White shall establish and promulgate reasonable rules and regulations as to:
The manner, separation, placement of the recycled materials at the curb or similar locations.
Days and times for collection.
Sale and marketing of recyclable materials.
The assessment of properties and the owners thereof for the cost of administering this recycling program.
The rules and regulations provided for hereunder shall be adopted by resolution of the Board of Supervisors of the Township of White prior to the implementation of the recycling program. Copies of such resolution shall be maintained at the Township Municipal Building and be available for inspection or purchase.
The Board of Supervisors of the Township of White may elect to enter into agreements with any person, partnership, corporation, municipality or municipal authority for the collection, transportation, processing or marketing of recyclable materials.
From the time of placement of recyclables at the curb or similar location for collection as designated in this article or the rules and regulations associated with this article, items shall be and become the property of the Township of White or its authorized agent. It shall be a violation of this article for any person unauthorized by the Township to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
It shall be unlawful for a person to collect, remove or dispose of solid waste which contains recyclable materials designated for separation combined with other forms of solid waste.
Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the person who generated them unless and until such materials are placed at curbside or similar location for collection by the Township or its authorized agent. Anything herein to the contrary notwithstanding, any person, partnership or corporation who is owner, lessee or occupant of residential property or commercial, municipal, or institutional establishments may donate or sell said recyclable material to any person, partnership or corporation whether or not operating for profit.
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense. Said penalty may be amended by resolution of the Board of Supervisors of the Township of White, provided each violation of any provision of this article and each day the same is continued shall be deemed a separate offense.
In addition to the penalties provided herein, the Township of White may recover all recycling fees, charges and expenses incident thereto, which sum shall be collected from said property owner or owners, as debts are by law collectible, or the said Township may, by its proper officer or agent, file a municipal claim or lien therefor against said premises as provided by law.
Additionally, the Township of White may recover penalties, damages, costs, reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the property owner, person or user found to have violated this article or the orders, rules, regulations and permits issued.
[Adopted 1-25-1995 by Ord. No. 928]
This article shall be known and referred to as the "White Township Solid Waste Ordinance."
The following words and phrases, as used in this article, shall have the meaning ascribed to them herein, unless the context clearly indicates a different meaning:
- ACT 97
- The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).
- ACT 101
- The Pennsylvania Municipal Waste Planning, Recycling, and Waste Reduction Act of 1988 (SB 528, Act 1988 - 101, July 28, 1988).
- The Indiana County Solid Waste Authority.
- 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.
- COLLECTOR or WASTE HAULER
- Any person, firm, partnership, corporation or public agency engaged in the collection and/or transportation of municipal waste.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers and theaters.
- A portable device in which waste is held for storage and collection.
- The Indiana County Board of Commissioners or the County of Indiana.
- COUNTY LICENSED COLLECTOR OR WASTE HAULER
- Any municipal waste collector or hauler possessing a valid license issued by the county pursuant to this article.
- DEPARTMENT or DEP
- The Pennsylvania Department of Environmental Protection.
- 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.
- Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances or odors, gases or vectors.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or production activities, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment or facility engaged in services, including, but not limited to, hospitals, nursing homes, schools, and universities.
- LICENSED COLLECTOR or LICENSED WASTE HAULER
- Any municipal waste collector or hauler possessing a current, valid county license issued by the Indiana County Solid Waste Authority pursuant to County Ordinance No. 111391.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from the 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 any municipal, commercial, or institutional water supply treatment plant, or air pollution control facility. The term does not include any source-separated recyclable materials or material approved by the PADEP for beneficial use.
- The Township of White, Indiana County, Pennsylvania.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, municipality, state institution or agency, or any other legal entity recognized by law as the subject of rights and duties. In any provision of this article prescribing a fine, penalty, imprisonment 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.
- RESIDUAL WASTE
- Any garbage, refuse, other discarded material or other waste, including solid, semisolid or contained gaseous material resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility or air pollution control facility, provided it is not hazardous.
- 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 cleaning.
- The controlled removal of recycling of material from a solid waste processing or disposal facility.
- The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a solid waste processing or disposal facility.
- SOLID WASTE
- Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
- 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 shall constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
- The off-site removal of any municipal waste at any time after generation.
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to accumulate or permit to accumulate, upon any public or private property within the Township of White, garbage, rubbish, bulky waste or other municipal or residual waste, or to process and/or dispose of any solid waste, except in accordance with Act 97 and Act 101, and Department rules and regulations adopted pursuant thereto.
It shall be unlawful for any person to collect, haul, transport or remove any solid waste from public or private property within the Township of White without a current, valid license to do so issued by the Indiana County Solid Waste Authority, except for an individual transporting municipal waste generated on their own private residence or property to a county-designated processing or disposal facility.
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 of White without prior written approval from the Township of White.
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Township of White, except at an approved and permitted resource recovery facility or municipal waste management facility under any applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
Storage of all solid waste shall be in containers which prevent the attraction, harborage or breeding of insects or rodents, which are or may become harmful to public health, and which prevent the creation of safety hazards, odors, unsightliness or public nuisances and shall comply with the minimum standards for the storage of municipal waste as set forth in the Department's regulations.
Any person producing solid waste shall provide a sufficient number of containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein.
All household and homeowners shall utilize the services of a licensed hauler of their choice for disposal of their domestic waste or household waste, unless they can demonstrate that the waste is properly disposed in a manner consistent with this article and applicable Department rules and regulations.
All licensed waste haulers shall comply with the minimum standards for collection and transportation of municipal waste set forth in the Department's regulations.
All municipal waste collected within the Township of White shall only be conveyed or transported to a transfer station, processing facility, and/or disposal site designated by the Indiana County Solid Waste Authority pursuant to the approved Municipal Waste Management Plan for Indiana County.
No person shall collect, remove, haul or transport any solid waste upon or through any streets or alleys of the Township without first obtaining a license from the Indiana County Solid Waste Authority pursuant to the requirements of County Ordinance No. 111391.
The Township of White may petition the Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.