Township of Hempfield, PA
Westmoreland County
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Table of Contents
Table of Contents
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.