[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.
Any nonresidential establishment that is intended for human
occupancy, whether temporary or permanent.
Any structural paper material with an inner core shaped in
rigid parallel furrows and ridges, including, but not limited to,
cardboard boxes and cartons.
Any residential property within the Township of White that
contains thereon one or more dormitory structures.
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.
Any bond, copier, letterhead or mimeograph paper typically
sold as white ledger paper and computer paper.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
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.
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.
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:
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.
Any property within the Township of White that contains thereon
one or more residential unit, and/or one or more dormitory structure.
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.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
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.
Includes recyclable cans fabricated primarily of aluminum
or a combination of steel and aluminum which are used for soda, beer
or other beverages.
A.Â
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]
(1)Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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]
(1)Â
Has provided on its own for recycling of the required materials identified in Subsection D above.
(2)Â
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.
F.Â
G.Â
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.
A.Â
The Board of Supervisors of the Township of White
shall establish and promulgate reasonable rules and regulations as
to:
(1)Â
The manner, separation, placement of the recycled
materials at the curb or similar locations.
(2)Â
Days and times for collection.
(3)Â
Sorting requirements.
(4)Â
Transportation methods.
(5)Â
Sale and marketing of recyclable materials.
(6)Â
The assessment of properties and the owners thereof
for the cost of administering this recycling program.
B.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.[1]
B.Â
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.
C.Â
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.[2]
[Adopted 1-25-1995 by Ord. No. 928]
This article shall be known and referred to
as the "White Township Solid Waste Ordinance."
A.Â
ACT 97
ACT 101
AUTHORITY
BULKY WASTE
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
CONTAINER
COUNTY
COUNTY LICENSED COLLECTOR OR WASTE HAULER
DEPARTMENT or DEP
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPALITY
PERSON
RESIDUAL WASTE
RUBBISH
SALVAGING
SCAVENGING
SOLID WASTE
STORAGE
TRANSPORTATION
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:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).
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.
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.
Any person, firm, partnership, corporation or public agency
engaged in the collection and/or transportation of municipal waste.
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.
Any municipal waste collector or hauler possessing a valid
license issued by the county pursuant to this article.
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.
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.
Any establishment engaged in manufacturing or production
activities, including, but not limited to, factories, foundries, mills,
processing plants, refineries, mines and slaughterhouses.
Any establishment or facility engaged in services, including,
but not limited to, hospitals, nursing homes, schools, and universities.
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.
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.
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.
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.
B.Â
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
All licensed waste haulers shall comply with the minimum
standards for collection and transportation of municipal waste set
forth in the Department's regulations.
C.Â
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.
