A.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the Township any solid
waste, bulky waste, or any other municipal or residual solid waste
except in accordance with the provisions of this article and any rules
and regulations adopted pursuant to Act 97, as amended, and Act 101,
as amended, by the Commonwealth of Pennsylvania.
B.
It shall be unlawful for any person to dispose of any solid waste
in the Township except in accordance with the provisions of this article
and any rules and regulations adopted pursuant to Act 97, as amended,
and Act 101, as amended by the Commonwealth of Pennsylvania.
C.
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.
D.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the Township except at an approved and permitted resource-recovery
facility under any rules and regulations adopted pursuant to Act 97,
as amended, and Act 101, as amended, by the Commonwealth of Pennsylvania.
E.
It shall be unlawful for any person to throw, place or deposit or
cause or permit to be thrown, placed or deposited any solid waste
in or upon any street, alley, sidewalk, body of water, public or private
property within the Township except as provided by this article.
A.
The storage of all municipal waste shall be practiced so as to prevent
the attraction, harborage or breeding of insects or rodents and to
eliminate conditions harmful to public health or which create safety
hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal waste shall provide a sufficient number
of approved containers to store all waste materials generated during
periods between regularly scheduled collections. 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 free of liquids before being
placed in storage containers.
(2)
All municipal waste shall be securely wrapped in paper, plastic or
similar material or placed in properly tied plastic bags.
(3)
When specified by the Township or its designated representative,
special preparation and storage procedures may be required to facilitate
the collection and recycling of certain recyclable materials and the
collection and composting of leaf waste 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 leakproof, weatherproof, insectproof
and rodentproof.
(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. All reusable
containers purchased prior to July 1, 1990, up to 90 gallons, will
continue to be acceptable.
(4)
Disposable plastic bags are acceptable containers, provided the 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.
Municipal 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 article,
or which have sharp edges, ragged edges, or any other defect that
may hamper or injure collection personnel, shall be promptly replaced
by the owner upon notice from the Township or its designated representative.
(5)
Containers shall be placed by the owner or customer at a collection
point specified by the Township 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's or customer's 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.
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 article. 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 Township.
A.
The Township shall provide for the collection of all municipal waste
and bulky wastes from individual owner-occupied residences or condominium
units and rental multifamily residential sources with less than four
units, or it may contract with a private collector or collectors to
provide residential municipal waste collection service. Collection
shall not be provided for construction and demolition waste.
B.
All households shall utilize the residential collection service provided
by the Township.
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 Township's
collector or any other properly licensed waste hauler of their choice.
D.
All municipal waste from commercial, municipal and institutional
establishments shall be collected as often as necessary to control
hazards, odors, flies and unsightly conditions. The Township reserves
the right to require more frequent collection when deemed necessary.
E.
Residential collection schedules shall be published regularly by
the Township or its contracted hauler.
F.
All municipal waste collection activity shall be conducted from Monday
through Friday between the hours of 6:00 a.m. and 10:00 p.m., unless
prior written approval has been granted by the Township. No collecting,
hauling or transporting of solid waste shall be permitted on Saturday
and/or Sunday.
G.
All haulers operating within the Township of Hempfield shall comply
with the following standards:
(1)
Any trucks or other vehicles used for the collection and transportation
of municipal waste must comply with the requirements of Act 97, as
amended, and Act 101, as amended, 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" and Act 90 of 2002.
(2)
All collection vehicles conveying municipal waste shall be watertight
and suitably enclosed to prevent leakage, roadside littering, attraction
of vectors, and the creation of odors and other nuisances.
(3)
Collection vehicles for rubbish shall be capable of being enclosed
or covered to prevent roadside litter and other nuisances.
(4)
All municipal waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
(5)
All municipal waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
A.
An annual fee or charge on a fiscal year is hereby made and imposed
upon each household dwelling for the collection and disposal of municipal
waste, which charge shall be in accordance with the agreement between
the Township and the contracted hauler.
B.
The owner of each household dwelling and the occupant of said dwelling
shall be jointly and severally liable for the payment of the annual
charge not later than the due date shown on the face of the invoice
rendered by the contracted hauler.
C.
The proper officers of the Township hereby are authorized to make
and enter into a contract with such person or corporation and on such
terms and conditions as shall be in the best interests of the Township
and in form approved by the Solicitor for collection of the annual
service charges hereinabove provided for. Such contract shall be entered
into in accordance with the provisions of law, and the proper officers
of the Township hereby are authorized and directed to sign, acknowledge
and deliver any and all documents necessary to effectuate the provisions
of this section.
A.
In the event that a hauler is found to be in violation of this article,
the Township may take the following actions, at its discretion, depending
on the nature of the violation:
(1)
The Township may issue a notice of violation to the hauler. This
notice shall be in writing and sent by certified mail with return
receipt requested. The notice shall state the nature of the alleged
violation(s) and the necessary corrective action required. The hauler
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 hauler may be prosecuted under the penalty provisions
of this Act; or
(2)
The Township 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 Township'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 Township should not carry out the license revocation.
B.
In the event that any person other than a hauler is found to be in
violation of this article, the Township 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. The 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 Board of Supervisors
of the Township.
B.
Pending a reversal or modification, all decisions of the Township
shall remain effective and enforceable.
C.
Appeals may be made by the following persons:
(1)
Any person who is aggrieved by the granting or the refusal to grant
a license by the Township may appeal within 10 days after the Township
announces the denial.
(2)
Licensees whose licenses have been revoked may appeal within 10 days
after receiving the Township'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 Township shall hold a public hearing. Notice
of the hearing shall be sent to both parties in time to adequately
prepare for the hearing. Notice shall be sent to the parties by certified
mail with return receipt requested at the last known address in addition
to publication in the local newspaper.
The Township may petition the Westmoreland County Court of Common
Pleas for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this article.
Any person who violates any provision of this article shall,
upon conviction, be guilty of a summary offense which is punishable
by a fine of not more than $600 and in default of payment of such
fine, then by imprisonment for a period of not more than 30 days,
or both. Each day of violation shall be considered a separate and
distinct offense.
Any ordinances or any part of any ordinance which conflicts
with this article is hereby repealed insofar as the same affects this
article.
This article shall take effect immediately.
