[HISTORY: Adopted by the Board of Commissioners of the Township
of North Huntingdon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-18-1990 by Ord. No. 747 (Ch. 112A of the 1975
Township Code)]
This article shall be known and may be cited as the "Township
of North Huntingdon Waste Reduction and Recycling Ordinance."
This article is enacted pursuant to the Solid Waste Management
Act, P.L. 380, No. 97, July 7, 1980, and the Municipal Waste Planning,
Recycling and Waste Reduction Act, No. 101, July 28, 1988.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and
53 P.S. § 4000.101 et seq., respectively.
It is the purpose of this article to:
A.
Require waste reduction and recycling as a means of managing municipal
waste, conserving resources and supplying energy.
B.
Protect the public health, safety and welfare from the short- and
long-term dangers of collection, transportation, processing and storage
of municipal waste.
C.
Utilize, wherever feasible, the capabilities of private enterprise
in accomplishing the desired objectives of an effective, comprehensive
solid waste management program.
D.
Establish and implement within the Township of North Huntingdon a
recycling program to return valuable materials to productive use,
to conserve energy and to protect capacity at municipal waste processing
or disposal facilities.
E.
Recycle at least 25% of all municipal waste and source-separated
recyclable materials generated in this Township of North Huntingdon
on and after January 1, 1997.
F.
The weight or volume of municipal waste generated per capita in this
Township of North Huntingdon on January 1, 1997, should, to the greatest
extent practicable, be less than the weight or volume of municipal
waste generated per capita on the effective date of this article.
G.
Each person living or working in the Township of North Huntingdon
shall be taught the economic, environmental and energy value of recycling
and waste reduction and shall be encouraged, through a variety of
means, to participate in such activities.
H.
The Township of North Huntingdon shall, to the greatest extent practicable,
procure and use products and materials with recycled content and procure
and use materials that are recyclable.
The following words and phrases when used in this article shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
The restoration, reclamation, recovery, etc., of a natural
resource adversely affected by the activity of a person.
Used cans comprised of one-hundred-percent aluminum.
The mean daily volume received at a facility, taking into
account weather, seasonal variations, scheduled community cleanup
days and other factors.
Beverage and food cans or containers consisting of steel
and aluminum.
A center where an individual may take recyclable materials
and receive payment for them. Recyclables may be sorted and processed
at such a center.
Twenty-four percent of the glass is lead crystal.
Soda lime glass which is colored but does not require the
resonance of crystal (clear) glass.
Those properties used primarily for commercial or industrial
purposes; an establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
The commonwealth and its departments, boards, commissions
and agencies, common-wealth-owned universities and the State Public
School Building Authority, the State Highway and Bridge Authority
and any other authority now in existence or hereafter created or organized
by the commonwealth.
As designated by the Township of North Huntingdon and with
specifics available at the Town House, with a solid-type container
to be utilized for glass and a ribbed-type container to be utilized
for all other items.
In the event that a container(s) requires replacement, the
individual involved therewith shall notify the hauler that a replacement(s)
is required, and the cost for said replacement container(s) shall
be the same cost as that which is charged to the Township of North
Huntingdon for the purpose of the container.
Any structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
Plastic beverage carriers that degrade by biological processes,
photodegradation, chemodegradation or degradation by other natural
processes. The degradation process does not produce or result in a
residue or by-product considered to be hazardous waste.
The Department of Environmental Protection of the commonwealth
and its authorized representatives.
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 or a constituent of the solid waste enters the environment,
is emitted into the air or is discharged to the waters of this commonwealth.
An area where an individual may deposit recyclable materials
and where recyclables may be sorted. This does not include a processing
center where recyclable materials are crushed, shredded or pelletized.
A study which analyzes a specific municipal waste processing
or disposal system to assess the likelihood that the system can be
successfully implemented, including but not limited to an analysis
of the prospective market, the projected costs and revenues of the
system, the municipal waste stream that the system will rely upon
and various options available to implement the system.
Any bond, copier, letterhead or mimeograph paper, typically
sold as white ledger paper, and computer paper.
The municipality other than the county within which a municipal
waste landfill or resource recovery facility is located or is proposed
to be located.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
Counties, cities, boroughs, towns, townships, school districts
and any other authority now in existence or hereafter created or organized
by the commonwealth.
All municipal or school or other authorities now in existence
or hereafter created or organized by any county, city, borough, Township
or school district or any combination thereof.
Any and all other public bodies, authorities, councils of government,
officers, agencies or instrumentalities of the foregoing, whether
exercising a governmental or proprietary function.
The entire process or any part thereof of storage, collection,
transportation, processing, treatment and disposal of solid wastes
by any person engaging in such process.
A municipality required to recycle under Section 1501 of
the Municipal Waste Planning, Recycling and Waste Reduction Act of
1988 (Act 101).[1] This includes municipalities with populations of 10,000
or more people and municipalities with populations of more than 5,000
people but less than 10,000 people and which have population densities
of more than 300 persons per square mile. Population shall be determined
based on the most recent decennial census by the Bureau of the Census
of the United States Department of Commerce.
Any properties having four or more dwelling units per structure.
Any facility or building owned or operated by a local government
or county government, local government or county government authority,
state government or agency or federal government or agency.
The Township of North Huntingdon, Westmoreland County, Pennsylvania.
A source-separation and collection program for recycling
Township of North Huntingdon waste or source-separated recyclable
materials, or a program for designated dropoff points or collection
centers for recycling Township of North Huntingdon waste or source-separated
recyclable materials that is operated by or on behalf of this Township
of North Huntingdon. The term includes any source-separation and collection
program for composting yard waste that is operated by or on behalf
of this Township of North Huntingdon. The term shall not include any
program for recycling construction/demolition waste or sludge from
sewage treatment plants or water supply treatment plants.
Refer to definition for "waste."
Any facility that is designed, operated or maintained for
the disposal of municipal waste, whether or not such facility possesses
a permit from the department under the Solid Waste Management Act.[2] The term does not include any facility that is used exclusively
for disposal of construction/demolition waste or sludge from sewage
treatment plants or water supply treatment plants.
Cheap, machine-finished paper, chiefly from wood pulp and
used mostly for newspapers.
A person engaged in solid waste processing or disposal. Where
more than one person is so engaged in a single operation, all persons
shall be deemed jointly and severally responsible for compliance with
the provisions of this article.
Any individual, partnership, corporation, association, institution
or cooperative enterprise. In any provisions of this article 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.
Plastic rings or similar plastic connectors used as holding
devices in the packaging of beverages, including but not limited to
all carbonated beverages, liquors, wines, fruit juices, mineral waters,
soda and beer.
Contamination of any air, water, land or other natural resources
of this Township of North Huntingdon that will create or is likely
to create a public nuisance or to render the air, water, land or other
natural resources harmful, detrimental or injurious to public health,
safety or welfare or to domestic, municipal, commercial, industrial,
agricultural, recreational or other legitimate beneficial uses or
to livestock, wild animals, birds, fish or other life.
Any product generated by a business or consumer which has
served its intended end use and which has been separated or diverted
from solid waste for the purposes of collection, recycling and disposition.
The term includes industrial by-products that would otherwise go to
disposal or processing facilities. The term does not include internally
generated scrap that is commonly returned to industrial or manufacturing
processes.
Any technology used for the purpose of reducing the volume
or bulk of municipal 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.
Those activities required to be conducted prior to constructing
a processing or disposal facility that has been shown to be feasible,
including but not limited to public input and participation, siting,
procurement and vendor contract negotiations and market and municipal
waste supply assurance negotiations.
Any commonwealth agency or local public agency.
Goods, supplies, equipment, materials and printing containing
postconsumer materials.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities.
Any occupied single- or multifamily dwelling.
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 shall
not include coal refuse as defined in the Act of September 24, 1968,
P.L. 1040, No. 318, known as the "Coal Refuse Disposal Control Act."[3] The term 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. 394, known as the "Clean
Streams Law."[4]
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. The term also includes any facility for the combustion
of municipal waste that is generated off-site, whether or not the
facility is operated to recover energy. The term does not include:
Any composting facility.
Methane gas extraction from a municipal waste landfill.
Any separation and collection center, dropoff point or collection
center for recycling or any source-separation or collection center
for composting leaf waste.
Any facility, including all units in the facility, with a total
processing capacity of less than 50 tons per day.
The unauthorized removal of recyclable materials from container(s)
placed for lawful collection and, once a container(s) is placed for
collection, then the recyclable materials contained therein become
the property of the hauler, and, further, the collection of any recyclable
materials once the same have been placed at the curbside for collection
by anyone other than the hauler constitutes a violation of this article
and the recyclable container(s) shall be used only for the collection
of recyclable materials and in the event that the recyclable container(s)
has not been paid for by the resident or person using same, and the
resident moves out of the Township of North Huntingdon, then the resident
shall be responsible for returning the allocated container(s) to the
Township of North Huntingdon.
A building or structure designed or used exclusively for
occupancy by one family, with the family consisting of a single person
occupying the building or structure, two or more persons related by
blood or marriage occupying a building or structure and which includes
household help and not more than four unrelated persons occupying
a building or structure and living together and maintaining a common
household.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal ash or drill cuttings.
The Act of July 7, 1980, P.L. 380, No. 97.[5]
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
Beverage and food cans, both bimetallic and/or steel.
The containment of any municipal 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 municipal waste in excess
of one year constitutes 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.
Any method, technique or process, including but not limited
to neutralization, designed to change the physical, chemical or biological
character or composition of any municipal waste so as to neutralize
such waste or so as to render such waste safer for transport, suitable
for recovery, suitable for storage or reduced in volume.
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[6] 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.
Design, manufacture or use of a product to minimize weight
of municipal waste that requires processing or disposal, including
but not limited to:
Design or manufacturing activities which minimize the weight
or volume of materials contained in a product or increase durability
or recyclability.
Use of products that contain as little material as possible,
are capable of being reused or recycled or have an extended useful
life.
Use, to the greatest extent feasible, of products and materials
which are made of postconsumer materials.
A.
Responsibilities. The Township of North Huntingdon shall have the
power and its duty shall be to assure the proper and adequate transportation,
collection and storage of municipal waste which is generated or present
within its boundaries, to assure adequate capacity for the disposal
of municipal waste generated within its boundaries by means of the
procedure set forth in § 1111[1] of the Municipal Waste Planning, Recycling and Waste Reduction
Act and to adopt and implement a program for the collection and recycling
of municipal waste or source-separated recyclable materials as provided
in this article.
[1]
Editor's Note: See 53 P.S. § 4000.1111.
B.
Powers. In carrying out its duties under this section, the Board
of Commissioners of the Township of North Huntingdon may adopt resolutions
establishing procedures, regulations and standards for the recycling,
transportation, storage and collection of municipal wastes or source-separated
recyclable materials which shall not be less stringent than and not
in violation of or inconsistent with the provisions and purposes of
the Solid Waste Management Act; the Municipal Waste Planning, Recycling
and Waste Reduction Act; and the regulations promulgated pursuant
thereto.
C.
Duties. The Township of North Huntingdon shall implement the provisions
of this article by collecting, transporting processing or marketing
source-separated materials or may contract, subject to competitive
bidding, with any person to carry out its duties for the recycling,
transportation, collection and storage of municipal waste and source-separated
recyclable materials, if the recycling, transportation, collection
or storage activity or facility is conducted or operated in a manner
that is consistent with the Solid Waste Management Act; the Municipal
Waste Planning, Recycling and Waste Reduction Act;[2] this article; and the regulations promulgated pursuant
thereto. Any such person shall be jointly and severally responsible
with the Township of North Huntingdon when carrying out its duties
for transportation, collection or storage activity or facility.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq. and
53 P.S. § 4000.101 et seq., respectively.
The Board of Commissioners of the Township of North Huntingdon
hereby requires that all municipal waste generated within its jurisdiction
shall be disposed of by the hauler who selects the site at the hauler's
discretion unless the site is mandated otherwise by the Township of
North Huntingdon or by the County of Westmoreland or by the Commonwealth
of Pennsylvania or by the federal government and with a ninety-day
written notification regarding the same, and the site selected by
the hauler shall retain this designation until the County of Westmoreland
adopts a waste flow control ordinance as part of a plan submitted
to the Department of Environmental Protection pursuant to Section
501(a), (b) or (c) of the Municipal Waste Planning, Recycling and
Waste Reduction Act.[1] Upon approval of a municipal waste management plan for
the County of Westmoreland by the Department, the site for the disposal
or processing of Township of North Huntingdon waste shall, thereafter,
be designated thereby by the Westmoreland County plan.
[1]
Editor's Note: See 53 P.S. § 4000.501.
The Township of North Huntingdon hereby establishes and implements
a source-separation and collection program for recyclable materials
in accordance with Section 1501 of the Municipal Waste Planning, Recycling
and Waste Reduction Act.[1] The source-separation and collection program shall include
the following regulations:
A.
Persons are hereby required to separate certain materials, as designated
by resolution, deemed appropriate hereafter, from other municipal
waste generated at their homes, apartments and other residential establishments
and to store such material until collection. The materials as shall
be designated periodically, by resolution, from the following: clear
glass, colored glass, aluminum, steel and bimetallic cans, high-grade
office paper, newsprint, corrugated paper and plastics. Additionally,
new materials are permitted to be required by the Township. Nothing
in this article shall be deemed to impair the ownership of separated
materials by the person who generated them unless and until such materials
are placed at curbside or a similar location for collection. Original
container(s) will be purchased by the Township of North Huntingdon
and provided to the hauler(s) for distribution to users thereof. The
containers will remain the property of North Huntingdon Township.
Owners, landlords or an agent of an owner or landlord of rental housing
properties are responsible for obtaining the containers from tenants
prior to their moving and would reissue the same to a new tenant.[2]
B.
Persons are hereby required to separate leaf waste from other municipal
waste generated at their homes, apartments and other residential establishments
until collection.
C.
The Board of Commissioners of the Township of North Huntingdon shall
allow an owner, landlord or agent of an owner or landlord of multifamily
rental housing properties with four or more units to comply with its
responsibilities under this section by establishing a collection system
for recyclable materials at each property. The collection system must
include suitable containers provided by the owner, landlord or agent
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 article shall
not be liable for the noncompliance of occupants of their buildings.
D.
At least once per month, the separated materials as mandated and
designated by resolution are hereby required to be placed at the curbside
or a similar location in approved containers for collection as designated
by the Township. A collection charge shall be billed to each dwelling
unit within the Township of North Huntingdon according to procedures
established pursuant to a resolution of the Board of Commissioners
of the Township of North Huntingdon.
E.
The Township of North Huntingdon may solicit bids and/or award contracts
for the sale of collected materials from recycling, giving preferential
consideration for the collection, marketing and disposition of recyclable
materials to persons engaged in the business of recycling on the effective
date of this article, whether or not the persons were operating for
profit, and the Township of North Huntingdon may require that it is
the responsibility of the hauler to locate and provide for the best
price obtainable regarding the sale of collected materials.
[1]
Editor's Note: See 53 P.S. § 4000.1501.
A.
Designation of coordinator. Owners, operators or administrators of
commercial, municipal and institutional establishments should appoint
a recycling coordinator to oversee the development and implementation
of a recycling program that includes a plan for minimizing waste;
information on markets and haulers; a system for in-house collection;
requirements for equipment and supplies; a sustained in-house educational
program; methods for evaluating performance and costs; and, where
feasible, a procedure for procuring goods, supplies, equipment and
materials made with recycled content.
B.
Separation of recyclable materials. Recyclable materials must be
separated from municipal waste generated at commercial, municipal
and institutional establishments as well as industrial establishments
with lunchrooms or offices. This article does not apply to materials
that are used to contain or come into contact with infectious wastes.
C.
Collection system.
(1)
The design of a collection system should reflect the site-specific
conditions at a facility. Collection system design is influenced by
the generation rate of recyclables, equipment/container requirements,
labor needs, a building's physical layout and its available storage
capacity. Additionally, the type of activities that are conducted
in various areas of a building as well as employee/occupant needs
will influence the logistics of collection at the following:
(a)
Commercial establishments: Collection receptacles for recyclable
materials should be placed in all buildings of a commercial establishment.
At a minimum, collection receptacles should be placed in each office
and in areas where food is served or consumed, such as cafeterias,
lunchrooms, fast-food areas and vending machine rooms.
(b)
Municipal establishments: Collection receptacles for recyclable
materials should be placed in each office, on all floors or wings
and in areas where food is served or consumed, such as cafeterias,
lunchrooms, fast-food areas and vending machine rooms.
(c)
Institutional establishments: Collection receptacles for recyclable
materials should be placed in all buildings, residences, dormitories
and other areas of institutional establishments. At a minimum, collection
receptacles should be placed in each office and in areas where food
is served or consumed, such as cafeterias, lunchrooms, fast-food areas
and vending machine rooms. In addition, where feasible, collection
receptacles should be placed on each floor and/or each wing of buildings,
residences and dormitories.
(2)
Recyclable materials must be stored in accordance with State Fire
Code regulations and local ordinances until collection. Recyclable
materials must be collected at least once per month.
D.
Provisions for recycling of collected materials. Owners, operators
or administrators of establishments shall provide for collection,
transportation, processing and marketing of materials by:
E.
Exemption from municipal recycling ordinance or regulation.
(1)
Pursuant to Act 101, § 1501(c)(iii),[1] persons occupying commercial, municipal or institutional
establishments may obtain an exemption from a municipality's recycling
ordinance or regulation by:
(a)
Providing for the recycling of high-grade office paper, aluminum,
corrugated paper, leaf waste and, in addition thereto, as mandated
by the Township of North Huntingdon, clear glass, colored glass, newsprint
and bimetallic cans, and with the understanding that the Township
of North Huntingdon may from time to time change the Township's mandated
items by resolution.
(b)
Submitting, at a minimum, an annual recycling report on or before
January 15 of each year to the governing body of the municipality.
The report shall document the amount of municipal waste generated
per year as well as the type and weight of materials that were recycled
in the previous calendar year.
[1]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).
(2)
Valid documentation shall include information from an end-use market,
recycler or waste hauler which describes the type and weight of each
recyclable material that was collected and marketed. Documentation
may be in the form of one of the following:
(a)
Copies of weight receipts or statements which consolidate such
information.
(b)
A report from the provider of recycling collection services
which identifies the amount of each material collected and marketed.
The type and weight of recyclables generated by an individual establishment
may be approximated based on a representative sample of its source-separated
materials. Where recyclables from several establishments are collected
in the same vehicle, an individual establishment's contribution to
the load may be apportioned. Only the weight of materials marketed
for recycling purposes can be credited to an establishment.
(c)
A report from the provider of waste collection services that
identifies the type and weight of each recyclable material collected
and marketed in cases where recyclables are commingled with the establishment's
waste. The type and weight of recyclables generated by an individual
establishment may be approximated based on a representative sample
of its waste. Where materials from several establishments are collected
in the same vehicle, an individual establishment's contribution to
the load may be apportioned. Only the weight of materials marketed
for recycling purposes can be credited to an establishment.
F.
Educational program. Owners, operators or administrators of commercial,
municipal and institutional establishments should inform all employees,
users (patrons) and residents of the recycling program. The educational
program should describe the recycling program's features and requirements.
It should include, at a minimum, an annual recycling program meeting
and an orientation to the recycling program upon the arrival of a
new employee or resident. Receptacles should be clearly marked with
the recycling symbol and the type of recyclable material that is to
be placed in the receptacle. Signs should be prominently displayed
stating the requirements of the recycling program.
G.
Waste minimization plan. Establishments which generate more than
2,200 pounds of municipal waste per month should implement a waste
minimization opportunity assessment.
(1)
The waste minimization opportunity assessment should include:
(a)
Waste characterization, including source, generation rate, management
techniques and management costs. The assessment should expressly consider
high-grade office paper, aluminum, corrugated paper, leaf waste and
any other materials generated in significant quantities.
(b)
A description of all possible waste minimization options, including
use and waste reclamation.
(c)
An evaluation of the economic and technical feasibility of each
option and a ranking of each option.
(d)
An estimate of the pay-back period for each feasible option.
(e)
A statement of which options will be implemented, including
an explanation and a timetable.
(f)
Identification of the individual(s) who will be responsible
for implementing the plan.
(2)
The waste minimization plan should be periodically updated.
(3)
Implementation of the plan should include:
(a)
Recycling or composting of materials, to the greatest extent
feasible, either privately or through a municipal recycling program.
(b)
Use, to the greatest extent feasible, of products and materials
which are recyclable or made of postconsumer materials.
(c)
Substitution, to the greatest extent feasible, of durable and
reusable products and materials for products that are not durable
or reusable.
(d)
Appropriate education materials and signs should be made available
to employees or the public to encourage participation in recycling
and waste reduction.
H.
Procurement of recycled materials. Under Act 101, local public agencies,
certain commonwealth agencies and state-owned institutions may review
and revise procurement practices to encourage the purchase of goods,
supplies, equipment, material and printing that are made of recycled
materials. In addition, minimum recycled content standards may be
established for bid specifications. In determining bid awards, vendors
meeting the recycled content specifications may be granted a five-percent
price preference.
I.
Commercial, municipal and institutional establishments are required
to recycle high-grade office paper; corrugated paper; aluminum; and
leaf waste, which said leaf waste includes leaves, garden residue,
shrubbery and tree trimmings and similar material, but not grass clippings,
and the aforesaid shall be separated from wastes and stored until
collection. Recycling shall also include any and all items mandated
by the Township of North Huntingdon with reference to the residential
recycling program and which said items may be designated by resolution
or ordinance and amended from time to time by resolution or ordinance.
Commercial, municipal and institutional establishments are responsible
for providing their own collection containers.
J.
The Township is not required under Act 101 to be responsible for
collection, transportation, processing or marketing materials from
the aforesaid commercial, municipal and institutional establishments
if all of the following requirements have been met:
(1)
The Township does not currently collect or transport municipal waste
from these establishments.
(2)
The Township does not currently contract for collection or transportation
of municipal waste from these establishments.
(3)
The Township has adopted an ordinance, and the establishment is in
compliance with the provisions of this article/Act 101.
K.
As a part of the Township's formal notice to commercial, municipal
and institutional establishments, the Township shall inform the establishments
of reporting requirements, which shall include:
(1)
The name, address and phone number of establishment.
(2)
The primary contact.
(3)
How recycling is being accomplished.
(4)
Annual waste generation.
(5)
Total materials recycled annually by material.
(6)
Percentage of waste reduction.
(7)
The Township contact person, his address and phone number.
L.
The Township shall make arrangements and provide for reporting forms
and instructions to the establishments as close to the end of the
calendar year as possible in order to obtain the annual information
required to meet the Township's reporting requirements to the County
of Westmoreland.
M.
Commercial, municipal and institutional establishments must report,
in writing, to the Township, and this is a mandatory requirement that
said reporting shall be on an annual basis with the first annual reporting
due on or before January 15, 1991, for recycling undertaken and completed
in 1990.
A.
Mandatory recycling shall apply to all persons as defined in § 463-4, with the following exceptions:
B.
The above exceptions in Subsection A(1) and (2) will be processed on a case-by-case basis. The property owner shall make a written application to the Township Manager, setting forth the specific problem or problems regarding recycling and the pickup of recycled items, and, in addition, the applicable and involved recycling operator will submit a written notarized statement of the problem to the Township Manager. Upon receipt of the application and statement, the Township Manager will investigate as appropriate and attempt to resolve the problem and, if the same cannot be resolved, will then forward to the Board of Commissioners for final decision. The application submitted by the property owner shall additionally set forth any plan by the property owner to dispose the items to be recycled, and this submitted plan will be essential in the event that the subject property is in fact inaccessible to the recycling operator. A specimen application form and recycling operator's affidavit are attached hereto and marked respectively Exhibit A and Exhibit B.[1] However, the application and affidavit may be altered
as individual circumstances require.
[1]
Editor's Note: These exhibits are on file in the office of
the Township Secretary.
C.
It is expressly understood that recycling as herein provided has
been mandated by the Commonwealth of Pennsylvania and is likewise
made mandatory by the Township of North Huntingdon, and all persons
must recycle as herein provided or as provided for hereafter by ordinance
or resolution and must pay directly to the recycling operator any
and all charges with reference to the collection of materials to be
recycled.
A.
Private or nonprofit enterprise cannot be directly funded, but may
receive grant money through a written agreement with the local municipality.
Conversely, a municipality may include the materials generated at
commercial, municipal, and institutional recycling operations to its
recycling program through a written agreement with such establishments.
The agreement must provide for an annual report detailing the type
and weight of materials received by an establishment. It must also
specify the arrangement for pass-through of any performance grant
funds to the establishment.
B.
Recycling program performance grant funds are awarded based on each
ton of eligible recyclable material marketed and for each percentage
of waste diverted from disposal. Municipal population figures and
county waste generation rates will be applied to calculate the percentage
of diversion from disposal attribution to the recycling program. Eligible
materials include clear glass; colored glass; aluminum, steel and
bimetallic cans; high-grade office paper; newsprint; corrugated paper;
and plastics. Grants will be awarded only for properly documented,
eligible materials that were actually marketed during the preceding
calendar year.[1]
Disposal by persons of lead acid batteries with other wastes
is prohibited and shall constitute a violation of this article.
The Township of North Huntingdon shall establish a comprehensive
and sustained public information and education program concerning
recycling program features and requirements. As a part of this program,
the Township Manager or a person designated, in writing, by the Township
Manager shall, at least 30 days prior to the initiation of the recycling
program and thereafter at least once every six months, notify all
persons occupying residential, commercial, institutional and municipal
premises within its boundaries of the requirements of this article.
The Township Manager or designee as aforesaid shall, as he or she
deems necessary and appropriate, place an advertisement in a newspaper
circulating in the Township of North Huntingdon; post a notice in
public places where public notices are customarily posted, including
a notice with other official notifications periodically mailed to
residential taxpayers; or utilize any combination of the foregoing.
An operator of a landfill or resource recovery facility may
contract with the Township of North Huntingdon to provide recycling
services in lieu of the curbside recycling program as determined from
time to time by resolution of the Board of Commissioners. The contract
must ensure that at least 25% of the waste received is recycled, provided
that the economic and environmental impact of the proposed technology
used for the recycling receives prior approval from the Department
of Environmental Protection.
A.
Persons who operate a municipal waste landfill, resource recovery
facility or transfer station under contract with the Township of North
Huntingdon shall establish at least one dropoff center at a location,
designated by the Township of North Huntingdon by resolution of the
Board of Commissioners, for the collection and sale of at least three
recyclable materials. The three materials shall be chosen by the Board
of Commissioners of the Township of North Huntingdon pursuant to a
resolution from the following: clear glass; colored glass; aluminum,
steel and bimetallic cans; high-grade office paper; newsprint; corrugated
paper; and plastics. The center shall be located at the facility or
in a place that is easily accessible to persons generating municipal
waste that is processed or disposed at the facility. Each dropoff
center must contain bins or containers where recyclable materials
may be placed or temporarily stored. If the operation of the dropoff
center requires attendants, the center shall be open at least eight
hours per week, including four hours during evenings or weekends,
pursuant to a schedule established by the operator of the dropoff
center.
B.
Each operator shall, at least 30 days prior to the initiation of
the dropoff center program and at least once every six months thereafter,
provide public notice of the availability of the dropoff center. The
operator shall place an advertisement in a newspaper circulating in
the Township of North Huntingdon or provide notice in another manner
approved by the Board of Commissioners of the Township of North Huntingdon.
Each and every hauler collecting recycling materials and operating
within the Township of North Huntingdon shall submit an annual report
to the Township Manager or to the designee by the Township Manager,
which said annual report shall be submitted not later than the 20th
day of January for the preceding calendar year.
On or before February 15 of each year, the Township Manager
shall submit a report to the County of Westmoreland, which shall describe
the weight or volume of materials that were recycled by the municipal,
institutional, commercial and residential recycling programs in the
preceding calendar year.
Any person, firm or corporation who violates the provisions
of this chapter shall, upon conviction, be sentenced to pay a fine
of not less than $100 nor more than $1,000, plus the costs of prosecution,
and, in default of the payment of the fine and costs of prosecution,
shall be imprisoned for a period not exceeding 30 days.
[Adopted 7-18-1990 by Ord. No. 748 (Ch. 82, Art. I, of the
1975 Township Code)]
For the purposes of this article, the following words and phrases
shall have the meanings ascribed to them in this section:
Includes all animal waste attending or resulting from the
handling, dealing in, storing, preparation, cooking and consumption
of foods; all refuse of animal or vegetable matter which has been
used for food of man or which was intended to be used; and excess
fruit from trees on residential property but not from trees in orchards
or on farms.
Includes upholstered furniture, freezers, refrigerators,
washers, dryers, hot-water tanks, bed springs, etc.[1]
Land, buildings or other structures, vehicles or parts thereof,
upon or in which refuse is stored.
As indicated and controlled under separate ordinance dealing with recycling, being Article I of this chapter.
All solid wastes of a community, including but not limited
to garbage, ashes, rubbish and industrial wastes, but not including
body wastes.
Includes general household rubbish and trash.
Includes old portable or out-of-ground swimming pools or
parts thereof, children's swing sets or gymnastic-type apparatus,
appliances weighing more than 100 pounds, and carpeting and padding.[2]
The owner or his, her or its agent or the occupant of any premises
within the Township of North Huntingdon shall be responsible for the
sanitary condition of the premises owned or occupied by him, her or
it, and it shall be unlawful for any person to place, deposit or allow
to be placed or deposited on his, her or its premises any refuse or
to keep, burn or suffer to remain on his, her or its premises or any
private property any refuse, nauseous liquors or other offensive or
unwholesome matter or waste or to cast the same upon any vacant lot
or upon any lot or piece of ground belonging to the Township of North
Huntingdon or any highway, street or alley or upon the shores or margins
or in any of the streams within the Township of North Huntingdon or
so near the limits thereof so as to annoy or be offensive.
A.
Refuse awaiting collection shall be stored in appropriate, durable,
watertight, easily washable containers which shall have close-fitting
lids and adequate handles on the outside to facilitate collection.
Such containers shall be kept in a sanitary condition at all times.
On the day of collection, the occupant or the proprietor of the place
where the refuse is accumulated shall place the container or containers
at a point on the premises where it is readily accessible to the collector.
B.
All garbage shall be deposited or wrapped in dry paper, plastic,
plastic bags or other appropriate material which will prevent the
garbage from being spread or scattered about before being placed in
the container used while awaiting collection. All garbage, rubbish,
refuse and to the extent applicable major household items and special
items shall be appropriately contained so as to prevent the same from
being spread or scattered about while awaiting collection. For the
purpose of compliance with the provisions of this article, on the
day of pickup a plastic bag(s) shall be construed to be a proper container.
A.
The following refuse shall be considered acceptable for collection:
(1)
Garbage which is putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and/or consumption of foods.
(2)
Ashes, which are the residue from the burning of wood, coal, coke
or other combustible materials.
(3)
Rubbish, which is nonputrescible solid wastes, excluding ashes, consisting
of paper, cardboard, tin cans, yard clippings, wood, glass, bedding,
crockery, metals and similar materials.
B.
Garbage must be kept separate from rubbish, refuse and ashes.
The following refuse shall be considered not acceptable for
collection:
A.
Dangerous materials or substances, such as poisons, acids, caustics,
infected materials and explosives.
B.
Unusual quantities of materials resulting from the repair, excavation
or construction of buildings or structures, such as earth, plaster,
mortar and roofing material.
C.
Materials which have not been prepared for collection in accordance
with these regulations.
Refuse shall be collected from each residence at least once
in seven days and from each commercial, industrial and institutional
premises at least once in 14 days or more frequently where sanitary
conditions require it to be done.
Any and all trucks and other vehicles used for the hauling of
refuse in or through said Township of North Huntingdon or to any sanitary
landfill and any sanitary landfill located in the Township of North
Huntingdon shall, at all times, be subject to the inspection and approval
of the Township of North Huntingdon or any inspector appointed by
the Township of North Huntingdon or any person authorized by the Township
of North Huntingdon to so inspect.[1]
All disposal of refuse shall be by a method or methods in accordance
with the requirements applicable by and through local, state and federal
laws which, at the time, are in existence and shall include the maximum
practicable rodent, insect and nuisance control at the place or places
of disposal.[1]
A.
Mandatory pickup.
(1)
Mandatory pickup of garbage, rubbish and refuse shall be in effect
in the Township of North Huntingdon as of September 1, 1990, and thereafter,
and said mandatory pickup shall apply to all persons, with the following
exceptions:[1]
(2)
Pickup of garbage, rubbish and refuse is mandatory and those from
whom garbage, rubbish and refuse is collected must pay for the service
provided.
B.
The above exceptions will be processed on a case-by-case basis. The
property owner shall make a written application to the Township Manager,
setting forth the specific problem or problems regarding garbage pickup,
and, in addition, the applicable garbage hauler will submit a written
notarized statement of the problem to the Township Manager. Upon receipt
of the application and statement, the Township Manager will investigate
as appropriate and attempt to resolve the problem, and, if the same
cannot be resolved, will then forward to the Board of Commissioners
for final decision. The application submitted by the property owner
shall additionally set forth any plan by the property owner to dispose
of the property owner's garbage, and this submitted plan will be essential
in the event that the subject property is in fact inaccessible to
the garbage hauler.[2]
C.
The Township
of North Huntingdon reserves the right to award an exclusive contract(s)
for the collection of garbage, rubbish and refuse for all properties
in the Township. In the event that the Township exercises this option,
every property owner shall be required to participate in the Township
contract and shall be bound to pay for services and abide by the terms
of the contract.[3]
Effective September 1, 1990, and thereafter, all haulers operating
in the Township of North Huntingdon with reference to garbage, rubbish
and refuse shall notify the Township Manager within five days when
they have knowledge that a person is not contracting for the removal
of garbage, rubbish and refuse for their premises.
[Amended 11-19-1990 by Ord. No. 759[1]]
Any person, firm or corporation who violates the provisions
of this chapter shall, upon conviction, be sentenced to pay a fine
of not less than $100 nor more than $1,000, plus the costs of prosecution,
and, in default of the payment of the fine and costs of prosecution,
shall be imprisoned for a period not exceeding 30 days.
