[HISTORY: Adopted by the Board of Supervisors of the Township
of Unity as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-19-1958 by Ord. No. 11958]
A.Â
GARBAGE
PERSON
REFUSE
Definitions.
The following words, as used in this article, shall have the meanings
ascribed thereto, unless the context clearly indicates a different
meaning:
All table refuse, animal and vegetable matter, offal from
meat, fish and fowl, vegetables and parts thereof and other articles
and materials ordinarily used for food which have become unfit for
such use or which are for any reason discarded.
Any natural person, association, partnership, firm, corporation
or municipal corporation.
All other discarded articles or materials, except sewage
and garbage as defined herein. For purposes of this article, "refuse"
shall be deemed to include, but not be limited to, combustible and
noncombustible waste materials, the residue from the burning of wood,
coal, coke and other combustible materials, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, cut logs or
timber (except those intended for use as a source of heat or comfort
in a residence on the property in which they are located), yard trimmings,
tin cans, metals, mineral matter, engine parts, rims, tires, wheels
or other materials used in the repair of any motor vehicle of any
kind, glass, crockery and dust and other similar materials.
[Amended 2-14-2008 by Ord. No. O-6-08]
B.Â
Word
usage. In this article, the singular shall include the plural, and
the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to cast, place, discard
or deposit, or to cause or permit to be cast, placed, discarded or
deposited, any garbage and refuse in or upon any public street, public
highway, public or private alley, public or private property, watercourse
or any other public or private places in the Township.
No owner of land within the Township shall dump, deposit or
accumulate garbage or refuse upon his land, nor shall such owner permit,
acquiesce or allow any person to dump, deposit or accumulate garbage
or refuse upon his land.
No person shall use the land of another as a waste disposal
area or for the dumping, depositing or accumulation of garbage or
refuse, whether the same is public or private property within the
Township.
No person shall permit the use of his land as a waste disposal
area or for the dumping, depositing or accumulation of garbage or
refuse, whether the same is public or private property within the
Township.
The Board of Supervisors shall designate what private or public
property in Unity Township may be used as public dumps and issue licenses
for the same as well as provide rules and regulations for the operation
of the same, and in such event the provisions of the previous sections
hereof shall not apply.
[Amended 4-9-1970]
No public dump or waste disposal area shall be operated until
a license has been issued by the Supervisors of Unity Township after
application for the same has been made and the necessary permits or
licenses have been secured from the appropriate agencies or subdivisions
of the commonwealth as provided for by statute, rule or regulation.
The following is a list of rules and regulations in regard to operating
a waste disposal area in Unity Township, Westmoreland County, Pennsylvania:
A.Â
The
Supervisors shall issue a license for a period of one year only. Such
license shall be for a twelve-month period beginning with the date
of the issuance of the license and continuing for 12 months therefrom.
B.Â
All
licenses shall be issued upon application in writing.
C.Â
Such
application shall state that a bond in the amount of at least $2,000
shall be furnished; this amount may be increased at the discretion
of the Board of Supervisors if it feels that conditions demand such
increase.
D.Â
Such
letter of application shall evidence the agreement to furnish public
liability insurance in the amount of $100,000/$300,000.
E.Â
Such
application shall evidence and shall be accompanied by the issuance
of a permit by the Pennsylvania Department of Mines and Industries
and such other agencies of the commonwealth as may be required.
F.Â
The
fee for the issuance of such license shall be in an amount as shall
be set forth in a resolution duly adopted by the Board of Supervisors
of Unity Township. This fee shall accompany the application.
[Amended 10-12-2000 by Ord. No. O-6-00]
G.Â
The
location of such fill shall be at the discretion of the Board of Supervisors,
and it shall be authorized to make rules and regulations as to the
location of such fill in relation to roads and buildings with respect
to feet and particularly situation, but in no case shall said Board
make it a lesser number of feet than as set forth in the Department
of Mines application and permit.
H.Â
All
exposed coal shall be covered with from four to six feet of clay so
as to eliminate the hazard of an underground fire.
I.Â
The
dumping of explosive materials, liquid or semiliquid, is expressly
prohibited.
J.Â
No
license shall be valid until the required fee accompanying the same
has been received by the Secretary for the Supervisors and a receipt
issued.
K.Â
No
pools of water shall be collected on the waste disposal area that
will create a hazard to children.
L.Â
Under
no circumstances shall the Supervisors permit an operation to come
into being that shall be less than 1,000 feet from the nearest residential
or commercial building or less than 250 feet from any road.
M.Â
There
shall be no burning of waste on the waste disposal area.
N.Â
There
shall be no dumping of waste within 100 feet of any stream, spring
or drain.
O.Â
The
operator or one of his agents must be in attendance when trash, rubbish,
garbage or other similar material is being placed in the sanitary
landfill.
P.Â
All
of the sanitary landfill requirements stipulated by the State Health
Department as to the amount of daily coverage and final covering,
the prescribed methods of conducting the landfill and the items which
can be salvaged from the refuse, garbage, trash or other similar material
shall be followed.
[Amended 4-25-1988 by Ord. No. O-3-88]
Q.Â
The
recipient of a license for a landfill shall file with the Supervisors
a rate schedule or schedules that are applicable to his landfill,
and such shall be approved and agreed to as being reasonable before
a yearly permit is issued.
R.Â
No
yearly permit for a landfill shall be issued unless and until the
person making application has agreed that it shall be opened to the
general public as well as for his own use.
T.Â
A
letter or permit from the Westmoreland County Planning Board stating
compliance with the rules and regulations of that Board permitting
such a location to be used must accompany such application.
U.Â
A
Board of Health permit, if such is required, shall also accompany
said application.
V.Â
Where
a limited type of refuse is included in the application, all permits
will be limited to that type of refuse.
W.Â
The
Board of Supervisors reserves the right to exclude any type or types
of refuse or garbage.
X.Â
All
landfills or public dumps shall be regularly treated against infestation
by rats.
Y.Â
No
refuse or garbage shall be accepted by such landfill other than that
which originates in said Township or in a municipal corporation adjacent
thereto.
Any license issued under this article may be canceled by the
Supervisors of Unity Township for noncompliance with the rules and
regulations laid down by the Township or for noncompliance with the
rules and regulations of the Commonwealth of Pennsylvania or any of
its agencies, provided that 15 days' notice of the violation has been
given and such violation has not been cured or remedied within said
15 days.
[Amended 6-20-1974; 6-30-1978 by Ord. No. 63078; 2-14-2008 by Ord. No. O-6-08]
A.Â
Any
person, firm, corporation or other entity which violates any term
or provision of this article shall be guilty of a summary offense
and, upon conviction thereof before a court of competent jurisdiction,
be subject to a fine of not less than $300 nor more than $1,000 and,
upon default in the payment of same, be subject to the maximum period
of incarceration permitted for summary offenses. In the event a summary
citation is issued hereunder, each day that a violation continues
after such citation is filed shall be deemed a separate offense without
the necessity of the issuance of subsequent citations and shall subject
the property owner to a separate fine for each day a violation continues
in effect.
B.Â
Further
action by Township.
(1)Â
The Code Enforcement Officer shall have the power to institute an
appropriate action or proceeding at law to exact the penalty provided
above for any act, failure to act or action taken in violation of
this article. In addition, the Township may proceed with an action,
at law or in equity, against the person responsible for the violation
for the purpose of ordering or directing that person:
(a)Â
To restrain, correct or remove the violation or refrain from any
further accumulation of any garbage or refuse;
(b)Â
To prevent the occupancy of any structure or property that is not
in compliance with the provisions of this article; and
(c)Â
To abate, repair or correct conditions on the property which constitute
violations of the ordinance and restore the remaining property to
a safe condition.
(2)Â
The remedies provided under this article shall be cumulative. The
pursuit of one remedy shall not be deemed or construed to preclude
the Township from pursuing any other.
C.Â
In
the event any person, corporation, entity or firm directed by the
Township fails to correct any violation of this article after any
receipt of a notice by the Township to do so, then the Township may,
at its discretion, enter onto such property to correct the violation
thereupon.
D.Â
In
the event the Township takes any action to correct, remove or abate
any condition or violation of this article and incurs any cost or
expense in doing so and/or utilizes Township resources in same, then
the Township may, at its discretion, pursue any remedy available to
recover such cost or expense, or the value of the Township resources
utilized, from the owner of the property, or any individual, firm,
corporation or entity responsible for the condition of the property,
at law or in equity, including, but not limited to, the filing of
an action in assumpsit or a municipal claim against the property.
Any judgment obtained or claim entered against the owner of the property,
or any individual, firm, corporation or entity responsible for the
condition of the property, shall bear interest at the maximum rates
permitted by statute or rule of court applicable to same.
E.Â
In addition to the foregoing penalties and the recovery and payment
of any costs or expenses set forth herein, any person, corporation,
entity or firm found to be in violation of the terms of this article
and article shall be required to pay all costs and expenses and legal
fees incurred by the Township in the prosecution of any summary proceeding
and/or the pursuit of any action at law or in equity to enforce the
terms of this article.
[Added 4-14-2016 by Ord.
No. O-1-2016]
[Adopted 2-14-2013 by Ord. No. O-2-2013]
A.Â
The Board of Supervisors of Unity Township is vested with power to
make and adopt ordinances, rules and regulations not inconsistent
with nor constrained by the Constitution and laws of the Commonwealth
of Pennsylvania, necessary for the proper management, care and control
of the Township and its finances, for the maintenance of peace and
good government, for the protection of the health, safety and welfare
of the Township and its citizens, and for the promotion of trade and
commerce[1] Within the scope of those powers, the Board of Supervisors
may prohibit accumulations of ashes, garbage, solid waste and other
refuse materials upon private property, including the collection of
reasonable fees and charges for the collection, removal and disposal
thereof, in a manner authorized by the Pennsylvania Solid Waste Management
Act[2] and the Pennsylvania Municipal Waste Planning, Recycling
and Waste Reduction Act[3]
B.Â
The Township of Unity is also a Mandatory Recycling Community under
the Westmoreland County Municipal Waste Management Plan[4] and is required to report to Westmoreland County on or
before February 15 of each year the weight or volume of materials
that were recycled by the municipal recycling program in the preceding
calendar year[5] The County Plan, and amendments to the Pennsylvania Municipal
Waste Planning, Recycling and Waste Reduction Act enacted on September
27, 2006, also require the Township to demonstrate to the commonwealth
that it:
(1)Â
Has required, through the enactment of an ordinance, that all residents
have waste and recycling service;
(2)Â
Has implemented a residential recycling program and facilitates a
commercial recycling program or participates in a similar county or
multi-municipal program;
(3)Â
Has a residential and business recycling education program;
(4)Â
Has a program of enforcement that periodically monitors participation,
receives complaints and issues warnings for required participants
and provides fines, penalties or both in its recycling ordinance;
(5)Â
Provides or participates in a county or multi-municipal program or
facilitates a private sector program for the recycling of special
materials;
(6)Â
Sponsors a program, facilitates a program or supports an organization
to address illegal dumping and/or littering problems; and
(7)Â
Has a person or entity designated as a "recycling coordinator" who
is responsible for recycling data collection and reporting recycling
program performance in the Township (Westmoreland County Municipal
Waste Management Plan, Section 2.4).
C.Â
The Township has not yet passed an ordinance making solid waste collection
mandatory. As such, the Township is currently serviced by multiple
garbage collectors who collect solid waste from residential, industrial
and commercial properties without coordination by the Township. This
has resulted in a lack of uniformity in collection services, the inability
of the Township to ensure that solid waste is being properly disposed
of by property owners, the inability to regulate or control illegal
dumping and/or disposal of solid waste and the inability to ensure
that recycling programs are being properly administered.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
D.Â
Accordingly, the Township finds that requiring each residential,
industrial and commercial property owner to provide for the removal
and disposition of solid waste and recyclables from their properties
by a collector licensed by the Commonwealth of Pennsylvania and disposed
of at a facility authorized by the Commonwealth of Pennsylvania, the
establishment of a program for mandatory collection of solid waste
and recyclables, and the coordination of collection services through
a program administered through the Township, is (1) necessary to comply
with the Westmoreland County Municipal Waste Management Plan as well
as amendments to the Pennsylvania Municipal Waste Planning, Recycling
and Waste Reduction Act and (2) necessary for the continuing protection
of the public health, safety and welfare.
E.Â
The Township has both the power and the duty to (1) ensure the proper
and adequate transportation, collection and storage of municipal waste
generated within its boundaries and (2) adopt and implement programs
for the collection and recycling of municipal waste or source-separated
recyclable materials[6]. The Township is also vested with the authority to adopt
resolutions, ordinances, regulations and standards for the recycling,
transportation, storage and collection of municipal wastes and/or
source separated materials (recyclables) which are not less stringent
with, nor in violation of or inconsistent with the Pennsylvania Solid
Waste Management Act, and the regulations promulgated pursuant thereto[7].
F.Â
The Township is also authorized to enter a contract with a single
collector responsible for the collection or transportation of municipal
waste generated within the Township[8] and may contract with any person or collector 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 is conducted
or operated in a manner consistent with the Solid Waste Management
Act, the Pennsylvania Municipal Waste Planning, Recycling and Waste
Reduction Act and the regulations promulgated pursuant thereto. In
the event a contract is entered, such person may be considered to
be jointly and severally responsible with the Township when carrying
out its duties for the transportation, collection or storage activities[9].
G.Â
Accordingly, to ensure the proper collection, transportation and
disposition of solid waste and recyclables within the Township, and
consistent with the interests of good government and the promotion
of trade and commerce within the Township, the Board of Supervisors
desires to adopt this article to authorize and require the collection
of all solid waste, other refuse materials and recyclable materials
within the Township by any person, entity, corporation or firm licensed
by the Commonwealth of Pennsylvania to do so, or, in the alternative,
authorize the collection of solid waste and recyclables through a
single licensed collector.[10]
[Amended 5-9-2013 by Ord.
No. O-5-2013]
[10]
Editor's Note: Former definition of "registered collector,"
which immediately followed this definition, was repealed 5-9-2013
by Ord. No. O-5-2013.
H.Â
To properly ensure that each residential and commercial property
complies with the mandatory collection provisions imposed by this
article, and to aid and assist in the enforcement of the article with
respect to same, the Board of Supervisors believe it is proper for
each licensed collector providing services within the Township to
confirm, upon request, the names and addresses of all property owners
receiving collection services from such collector and report the termination
of such service as:
[Amended 5-9-2013 by Ord.
No. O-5-2013]
(1)Â
Confirming the names and addresses of those individuals receiving
services will assist and enable the Township to create and maintain
a Township-wide database to ensure that all properties are under agreement
with a licensed collector for the removal of solid waste and recyclables
from their property; and
(2)Â
Providing notice that service has been terminated to a property or
property owner will enable the Township to follow up with the property
owner to determine (i) whether they have a valid agreement for collection
services with a licensed collector, or (ii) are otherwise in violation
of the mandatory collection provisions of this article; and
I.Â
In light of the foregoing, it is hereby declared to be the purpose
of this article to:
(1)Â
Comply
with the Westmoreland County Municipal Waste Management Plan and other
applicable laws of the Commonwealth of Pennsylvania;
(2)Â
To
coordinate and provide regulations for the storage, collection, transportation,
processing and disposal of all solid waste materials and recyclables
as herein defined;
(3)Â
To
protect the safety, health and welfare of the people of the Township
of Unity;
(4)Â
To
promote good government, commerce and trade.
For the purpose of this article, the following words and phrases
shall have the meanings given herein:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act No. 101, July 28, 1988)[1]
The Pennsylvania Solid Waste Management Act of 1980 (P L
380, No. 97, July 7, 1980) [2]
Poultry and livestock manure, or residual materials in liquid
or solid form, generated in the production, and marketing of poultry,
livestock, fur-bearing animals and their products, provided such waste
is not a hazardous waste. The term includes the residual materials
generated in producing, harvesting, and marketing of all agronomic,
horticultural, silvicultural and agricultural crops or commodities
grown on what are usually recognized and accepted as farms, forests,
or other agricultural lands, and shall include brush and stumps.
The residue resulting from the burning of wood, coal or other
combustible materials. This definition excludes ashes resulting from
industrial processes.
Empty food or beverage containers consisting of steel and/or
aluminum.
The elected or appointed members of the Board of Supervisors
of the Township of Unity, Westmoreland County, Pennsylvania.
Large items of refuse, including, but not limited to, appliances,
furniture and large trees and branches which require collection in
other than conventional compactor refuse collection vehicles.
All properties used for industrial or commercial purposes,
and multiple-dwelling residential buildings or developments with central
waste collection systems provided by the owner or landlord. For purposes
of this article, a commercial property shall include, but not be limited
to, any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, bazaars,
socials, picnics and organized sporting events attended by 200 or
more individuals per day.
The storage of vegetable wastes on the property where they
were generated, for the purpose of creating aerobic digestion and
returning organic nutrients to the soil.
All municipal and residual waste building materials, grubbing
waste and rubble resulting from construction, remodeling, repair and
demolition operations on houses, commercial buildings and other structures
and pavements.
Any can, mechanical bin, box or disposable container used
for storage of refuse.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Those animals that die naturally from disease or are accidentally
killed. Condemned animals or parts of animals from slaughterhouses
or similar places are not included in this term but are regarded as
industrial refuse.
The Pennsylvania Department of Environmental Protection.
Any metal container which may be mechanically lifted and
emptied into the collection vehicle.
Storage, collection, disposal or handling of garbage and
recyclable materials. For purposes of this article, the term "disposal"
shall include, but not be limited to, the incineration, 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 the Commonwealth of Pennsylvania.
A site, location, tract of land, area or premises used or
intended to be used for solid waste disposal.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
A site for the consolidation of waste from one or more sources
which has little or no management.
A place of residence of one or more persons within the Township
of Unity where refuse is generated through normal living habits, regardless
of whether the occupancy for residential purposes is on a full-time
or part-time basis. For purposes of this article only, a "dwelling"
shall not be deemed to include apartments or buildings devoted to
multiple-family occupancies.
A parcel or parcels of land devoted to agriculture; either
to raising crops, livestock, poultry or pasture.
Animal and vegetable waste resulting from the handling, preparation,
cooking and serving of foods. It does not include wastes from industrial
processing or manufacturing of food products, bodies of dead animals
or human or animal excrement. For purposes of this article, the term
"garbage" shall include, but not be limited to, 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 as odors, gases, or vectors.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulbs, blue glass and porcelain and/or ceramic products.
The elected officials constituting the Board of Supervisors
of the Township of Unity.
Any solid waste or combination of solid wastes, as defined
in Act 97 or 101 which, because of its quantity, concentration or
physical, chemical, or infectious characteristics, may: (1) cause
or significantly contribute to an increase in mortality or an increase
in morbidity in either an individual or the total population; or (2)
pose a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported, disposed
of or otherwise managed. For purposes of this article, "hazardous
waste" does not include small quantities of such waste available on
a retail basis to the homeowner (e.g., aerosol cans, pesticides, fertilizers,
etc.).
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and/or residences.
Any device used for the burning of solid waste where the
factors of combustion, i.e., temperature, retention time, turbulence
and combustion air, can adequately be controlled.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Those facilities which house or serve groups of people, including,
but not limited to, hospitals, nursing homes, orphanages, churches,
day-care centers, schools and universities.
Any battery that contains lead, including, but not limited
to, automotive, truck and industrial batteries.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings. Leaf waste does not include
grass clippings, magazines or periodicals.
Any person, firm, copartnership, association or corporation
who is licensed by the Commonwealth of Pennsylvania for the collection,
transportation and/or disposal of solid waste.
[Added 5-9-2013 by Ord.
No. O-5-2013]
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
under Acts 97 or 101 from a municipal, commercial or institutional
water supply treatment plant, wastewater 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. For
the purposes of this article, the term "municipal waste" shall not
include infectious and chemotherapeutic waste since all haulers of
infectious and chemotherapeutic waste are licensed and regulated by
the PADEP under special regulations.
Any facility that is designed, operated and maintained for
the disposal of municipal waste and permitted by the PADEP for such
purposes.
The Township of Unity, Westmoreland County, Pennsylvania,
acting through its duly elected Board of Supervisors, or their appointed
employees.
Any person who manages any solid waste storage, transfer,
processing or disposal operation.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, or any other legal entity which
is recognized by law as the subject of rights and duties. 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.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual 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, sludge treatment facilities and resource recovery facilities.
Material rapidly decomposable by microorganisms, which may
give rise to foul-smelling, offensive products during such decomposition
or which is capable of attracting or providing food for birds and
potential disease vectors such as rodents and flies.
Waste containing putrescible material.
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Township and can be separated from municipal waste and reused as a resource for the development of useful products. "Recyclable materials" may include, but shall not be limited to, those materials specified by the Township for separate collection in accordance with those recycling regulations set forth in Chapter 93, Recycling, of the Code of Unity Township, as well as clear glass, colored glass, aluminum, steel and bimetal or bimetallic cans, high grade office paper, newsprint, corrugated paper, leaf waste, plastics and any other items designated by the Township or specified in future revisions to Act 101. Those recyclable materials designated by the Township for recycling may be revised from time to time by resolution of the Board of Supervisors as they deem necessary.
The separation, collection, processing, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as solid waste pursuant to Chapter 93, Recycling, of the Code of Unity Township, or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials.
All solid waste materials which are discarded as useless.[3]
Any occupied single-family or multifamily dwelling for which
waste collection is provided on an individual unit basis. Multiple-dwelling
residential buildings or developments for which waste is disposed
of by a common solid waste collection system provided by the owner
or landlord, shall be treated as a commercial property.
Solid materials remaining after burning, including, but not
limited to, ashes, metals, glass, ceramics and unburned organic substances.
All nonputrescible municipal waste except garbage, nonrecyclable
glass, metal, plant growth, or plastic and noncombustible plant material,
wood and other decomposable matter. For purposes of this article,
the term "rubbish" shall include, but not be limited to, ashes, bedding,
cardboard, cans, crockery, paper, wood and yard cleanings.
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including, but
not limited to, automobiles, metals, chemicals, shipping containers
or drums.
The controlled removal of reusable materials at a salvage
operation.
A Pennsylvania Department of Environmental Resources approved
method of disposing of refuse on land without creating nuisances or
hazards to the public health or safety. This is done by confining
refuse to the smallest practical volume and covering it with a layer
of earth at the conclusion of each day's operation or at such more
frequent intervals as may be necessary.
The unauthorized and uncontrolled removal of material stored
or placed at a point for subsequent collection or from a solid waste
processing or disposal facility.
Any coarse screenings, grit and de-watered or air-dried sludges
from sewage treatment plants and pumpings from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Acts 97 and 101.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
Those materials separated at the point of origin for the
purpose of being recycled.
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 constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
The duly elected or appointed Board of Supervisors of Unity
Township, Westmoreland County, Pennsylvania.
The Township of Unity, County of Westmoreland, Commonwealth
of Pennsylvania.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles. For purposes of this article,
a "transfer station" shall also mean any fixed facility used for receiving
refuse from collection trucks and placing it in large-volume, long-haul
vehicles.
The off-site removal of any solid waste at any time after
generation.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. This term does not include source-separated recyclable materials
or materials approved by the Pennsylvania Department of Environmental
Resources for Beneficial Use.
Any person, firm, agency or public body or any employee or
agent thereof who engages in the collection and/or transportation
of solid waste without being licensed by the Commonwealth of Pennsylvania
to do so.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
Prunings, grass clippings, weeds, leaves and general yard
and garden wastes.
In this article, the singular shall include the plural and the
masculine shall include the feminine and the neuter.
|
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq., as
amended from time to time.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq., as amended
from time to time.
[3]
Editor's Note: Former definition of "registered collector,"
which immediately followed this definition, was repealed 5-9-2013
by Ord. No. O-5-2013.
The Unity Township Board of Supervisors shall be responsible
for the administration of solid waste removal within the Township.
The Unity Township Board of Supervisors may adopt rules and
regulations for the disposal of solid waste and recyclable materials
consistent with the Act 97, Act 101 and the Westmoreland County Municipal
Waste Management Plan. Consistent with same, the Township may:
A.Â
Provide municipal solid waste collection, storage, transportation
and disposal services and/or approve and regulate the establishment,
maintenance and operation of private solid waste collection, storage,
transportation and disposal services.
B.Â
Aid and assist the Commonwealth in the application and enforcement
of rules and regulations pertaining to solid waste management.
C.Â
Adopt, issue and enforce such local rules and regulations pursuant
to this article as are necessary to implement and to carry out its
intent and purpose.
D.Â
Enforce this article by issuing warning notices and initiating proceedings
against violators of this article and its appurtenant rules and regulations.
[Amended 5-9-2013 by Ord.
No. O-5-13]
A.Â
Limitation on time for accumulation. No person shall permit any solid
waste to accumulate for a period of longer than seven days upon property
owned or occupied by said person in the Township.
B.Â
Mandatory collection on residential properties by licensed collectors. Owners and occupants of residential property are hereby required to make accumulated solid waste and recyclables available for collection pursuant to the terms of this article. All solid waste accumulated on any residential property in the Township shall be collected, conveyed and disposed of by the Township or by a licensed collector in accordance with the provisions of this article; recyclable materials shall be collected, conveyed and disposed of pursuant to the terms of this article and the terms of Chapter 93 hereafter.
C.Â
Mandatory collection on commercial and institutional properties by
licensed collectors. All solid waste accumulated on commercial and
institutional properties shall be collected, conveyed and disposed
of by the municipality, or by a licensed collector in accordance with
the provisions of this article. It shall be unlawful for any person
to collect and dispose of any solid waste within the Township except
as provided in this article.
A.Â
Accumulations of solid waste prohibited. It shall be unlawful and
a violation of this article for any person to accumulate or permit
to accumulate upon any public or private property within the Township,
any garbage, rubbish, bulky waste, or any other municipal or residual
solid waste except in accordance with the provision of this article,
and any Department rules and regulations adopted pursuant to Act 97
and Act 101.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
B.Â
Accumulations of solid waste in excess of seven days. The failure
of any person, partnership, corporation, entity or firm to make provisions
for the collection of solid waste through a licensed collector under
this article for a period in excess of seven days shall be a violation
of this article and subject the violator to those penalties set forth
hereafter.
[Added 5-9-2013 by Ord.
No. O-5-2013]
C.Â
Burning solid waste. It shall be unlawful and a violation of this
article for any person to burn any solid waste, recyclables or other
materials regulated by this article, within the Township.
D.Â
Alternative disposal prohibited. It shall be unlawful and a violation
of this article for any person to dispose of any solid waste or recyclables
in the Township except in accordance with the provisions of this article
and any rules of the Township of Unity, Westmoreland County or Department
rules and regulations adopted pursuant to Acts 97 and Act 101.
E.Â
Hauling or transporting. It shall be unlawful and a violation of
this article for any person to haul, transport, collect or remove
any solid waste from public or private property within the Township
unless the ultimate disposal of such material complies with the requirements
of the Westmoreland County Municipal Waste Plan.
F.Â
Scavenging. It shall be unlawful and a violation of this article
for any person to scavenge any materials from any solid waste or recyclables
stored or deposited for collection within the Township without prior
approval by the Township.
G.Â
Reclamation of solid waste. It shall be unlawful and a violation
of this article for any person to salvage or reclaim any solid wastes
within the Township except at an approved and permitted resource recovery
facility under Acts 97 and Act 101, and any Department rules and regulations
adopted pursuant to these acts. It shall likewise be unlawful and
a violation of this article for any person to salvage or reclaim any
solid wastes except at a properly permitted facility in which salvage
is an integral plan of operation.
H.Â
Deposits on public or private property. It shall be unlawful and
a violation of this article 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 in the chapter.
I.Â
Lead acid batteries. It shall be unlawful and a violation of this
article for any person to mix or place a used lead acid battery in
with municipal solid waste, and/or to discard, or otherwise dispose
of a lead acid battery except by delivery to an automotive battery
retailer or wholesaler, to a secondary lead smelter permitted by the
Environmental Protection Agency, or to a collection or recycling facility
authorized under the laws of this commonwealth.
J.Â
Leaf and plant waste. It shall be unlawful and a violation of this
article for any municipal waste landfill to accept for disposal, and
any resource recovery facility to accept for processing other than
composting, truckloads composed primarily of leaf waste or plant waste.
K.Â
Use of covered receptacles. It shall be unlawful and a violation
of this article to keep or store solid waste of any kind upon any
property or structure within the Township unless same is stored in
covered receptacles as set forth hereafter.
L.Â
Storage creating a nuisance. It shall be unlawful and a violation
of this article to retain or accumulate solid waste to the extent
it constitutes a menace to the public health and safety and/or a nuisance.
For purposes of this article, a menace to the public health and safety
and/or a nuisance is deemed to exist when:
(1)Â
More than seven days have elapsed after such solid waste was originally
retained, accumulated or permitted to accumulate; or
(2)Â
The retained solid waste becomes obnoxious or offensive by reason
of dust or odor, regardless of the length of time it is accumulated;
or
(3)Â
The retained solid waste attracts insects or vermin regardless of
the length of time it is accumulated.
M.Â
Explosive materials prohibited. It shall be unlawful and a violation
of this article to place any volatile liquids, explosives, radioactive
material or containers which may explode upon coming into contact
with heat or fire for collection, except small (retail-sold) spray
cans which have been emptied of their contents.
N.Â
Hazardous waste prohibited. It shall be unlawful and a violation
of this article to store or place any hazardous waste for collection
on residential properties except for small quantities of those products
designed for normal household purposes and available to the homeowner
through retail sales.
O.Â
Commonwealth license required. It shall be unlawful and a violation
of this article for any person to collect, haul, transport or otherwise
dispose of any municipal or other solid waste from any property within
the Township without having (1) a license from the Commonwealth of
Pennsylvania and (2) registering with the Township to do so.
P.Â
Animal consumption. It shall be unlawful and a violation of this
article to make garbage available for animal consumption unless such
refuse has been heat-treated to kill any disease agent therein.
Q.Â
Open dumps. It shall be unlawful and a violation of this article
for any person to use, maintain or operate an open dump.
R.Â
Joint and several responsibilities. The owner and occupant of any
premises within the Township of Unity shall be jointly and severally
responsible for the sanitary condition of the premises they own and/or
occupy. It shall be unlawful and a violation of this article for any
person to place, deposit or allow to be placed or deposited on their
premises any solid waste, or to keep, burn or suffer to remain on
their premises or any private property any refuse, noxious liquids
or other offensive waste or materials, or to cast the same upon any
lot or piece of ground belonging to the Township of Unity, or upon
any highway, street or alley, or upon the shores or margins or in
any of the streams within the Township of Unity, or so near the limits
thereof as to annoy or be offensive. Any violation of this section
is hereby declared to be a public nuisance and the person violating
the same, in addition to paying the fine and costs imposed for the
violation thereof, shall pay any and all costs and expenses for the
removal of same.
A.Â
Manner of storage. The storage of all solid waste shall be practiced
in a manner that prevents the attraction, harborage or breeding of
insects or rodents, and eliminates conditions that are (1) harmful
to the public health or (2) create safety hazards, odors, unsightliness
or public nuisances.
B.Â
Secured containers. Any person producing municipal waste subject
to collection under this article shall provide a sufficient number
of secure containers to store all waste materials generated between
regularly scheduled collections and shall place and store same therein.
C.Â
Preparation standards. Any person storing municipal waste for collection
shall comply with the following preparation standards:
(1)Â
All municipal waste shall be drained of free liquids before being
placed in storage containers.
(2)Â
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
(3)Â
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being place in storage containers.
(4)Â
Garden clippings and tree trimmings that are placed for collection
shall be placed in approved containers or shall be cut and tied securely
into bundles. Bundles shall be not more than four feet in length,
not more than two feet in diameter and not more than 40 pounds in
weight. Such materials may also be composted by the municipality and/or
by the property owner.
(5)Â
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 40 pounds in
weight.
(6)Â
When specified by the Township, special preparation and storage procedures
may be required to facilitate the collection and resource recovery
(recycling) of certain waste materials.
D.Â
Storage containers. All municipal waste shall be stored in containers
approved by the Township and any licensed collector. Individual containers
and bulk container's utilized for storage of municipal waste shall
comply with the following standards:
[Amended 5-9-2013 by Ord.
No. O-5-13]
(1)Â
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 leak-proof, weather-proof, insect-proof,
and rodent-proof.
(2)Â
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)Â
Reusable containers for individual residences shall have a capacity
of not less than 10 gallons nor more than 40 gallons, and a loaded
weight of not more than 40 pounds.
(4)Â
Disposable plastic bags or sacks are acceptable containers provided
the bags are designated for waste disposal. Plastic 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 30 gallons and a loaded weight
of not more than 35 pounds.
(5)Â
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
E.Â
Storage standards. Any person storing municipal waste for collection
shall comply with the following storage standards:
(1)Â
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
(2)Â
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)Â
Containers shall be used and maintained so as to prevent public nuisances.
(4)Â
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.
(5)Â
Containers shall be placed by the owner or customer at a collection
point specified by the municipality or its designated representative.
(6)Â
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. No owner shall permit
garbage, trash or other materials subject to collection or recycling
under this article to blow, migrate or otherwise be deposited onto
a public street, road or right-of-way or onto the property of others.
(7)Â
Bulk waste items, such as furniture, automobile parts, machinery,
appliances, and tires, shall be stored in a manner that will prevent
(a) the accumulation or collection of water, (b) the harborage of
rodents, and (c) the creation of safety and/or fire hazards.
F.Â
Multifamily and commercial establishments. 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 authorized collector and are subject
to approval by the municipality.
G.Â
Placing garbage out for collection. No person shall place garbage
or rubbish out for collection more than 24 hours prior to the time
scheduled for collection.
H.Â
Location of containers. When mechanical bins or detachable containers
are in use, they shall be placed in locations easily accessible to
the collection vehicle.
I.Â
Ashes. Ashes shall be placed in separate, fire-resistant containers
prior to disposal.
J.Â
Recycling bins. Bins for the storage of recyclable materials may be obtained from the Township. All bins issued by the Township for recyclable collection under prior ordinances, and all bins issued under this article or Chapter 93, Recycling, hereafter, shall be and remain the property of the Township for use in its recycling program.
K.Â
Other disposal agreements. The Township and licensed collector may
provide for the collection of other solid waste that cannot be disposed
of in bags or containers consistent with the terms of this article
by agreement. If such collection services are provided, the terms
and charges for same shall be set forth in such agreement.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
A.Â
Township collection elections. The Township may make provisions for
the collection, transportation and disposal of solid waste and/or
recyclables consistent with the laws rules and regulations imposed
by the Commonwealth of Pennsylvania and County of Westmoreland.
B.Â
Mandatory collection for households. All household and homeowners
shall utilize the residential collection service or services of a
licensed collector.
C.Â
Mandatory collections in commercial institutions, etc. All commercial,
institutional and industrial establishments shall dispose of all municipal
waste through a licensed collector.
D.Â
Collection by licensed collectors. All residential, commercial, institutional
and industrial solid waste within the Township shall only be collected,
transported and disposed of by a licensed collector.
E.Â
Publication of rate and collection schedules. Any person, corporation,
entity or firm licensed by the Commonwealth of Pennsylvania to collect,
transport and/or dispose of solid waste may, at their sole and exclusive
discretion, submit rate and collection schedules to the Township.
Any rate and collection schedule submitted shall contain a date and
time at which any rate or rates offered will expire or collection
schedules change. The Township shall act as a clearing house for the
information submitted. The rate and collection schedules voluntarily
submitted by any licensed collector may shall be maintained and published
by the Township on the Township's web page and in the Township Municipal
Building thereafter.
F.Â
Licensing by commonwealth. All collectors who desire to provide solid
waste and recyclable collection services within the Township shall:
(1)Â
Be
licensed to perform such services by the Commonwealth of Pennsylvania;
(2)Â
Agree
to dispose of all solid waste and recyclables collected in a manner
consistent with the Westmoreland County Solid Waste Management Plan
and the laws, rules and regulations of the Commonwealth of Pennsylvania;
and
(3)Â
Otherwise
comply with the terms and procedures of this article.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
A.Â
Frequency of collection. All household solid waste shall be collected
at least once a week, with the exception of bulky waste and dead animals
for which arrangements shall be made in advance with the collector.
All institutional, commercial and industrial solid waste shall be
collected as often as required by generated volumes and environmental
problems, provided, however, that such collection shall not be less
than once each week.
B.Â
Collection of recyclables. All recyclable materials shall be collected at such times and in such manner as established pursuant to the terms and provisions of this article or the Unity Township Recycling Ordinance, set forth in Chapter 93, Recycling, of the Code of Unity Township hereafter. The foregoing notwithstanding, recyclable materials shall be collected on the same schedule as solid waste collection and shall be collected not less than once every two weeks. In addition:
(1)Â
The licensed collector shall collect all required recyclable materials
regardless of whether there is refuse for collection.
(2)Â
The licensed collector shall not be obligated to collect recyclable
materials from persons occupying commercial, municipal or institutional
establishments, nor to community activities that have obtained an
exemption, in writing, from the Township consistent with Act 101.
(3)Â
The licensed collector shall assist the Township in fulfilling its
educational requirements under Act 101 and shall, at a minimum, facilitate
same by distributing educational materials at curbside when requested
by the Township to do so.
(4)Â
The collector shall provide for the pickup of leaf and/or yard waste
on a quarterly basis, with frequencies to be determined by agreement
between the collector and Township, and deposit same in a properly
designated composting facility.
C.Â
Placement of containers.
(1)Â
Refuse containers shall, for the purpose of collection, be placed
at the curb or street line, at ground level, and be made readily accessible
to the collector.
(2)Â
Notwithstanding provisions of this article, residential property owners, commercial establishment or other persons may, by mutual agreement with collectors, be permitted to place containers at a location on their property other than as specified in Subsection C(1) above.
(3)Â
Collections shall be made from all properties throughout the Township
from a designated street. This shall include all streets, regardless
of whether they dedicated, undedicated, public, private or otherwise,
and shall include those streets that are temporarily closed for repairs
or construction. In the latter case, special collection points shall
be designated by the Township if the condition of the street would
prevent access thereto by the collector's truck.
D.Â
Collection schedules. The collector shall collect solid waste throughout
the Township on schedules developed by the collector.
E.Â
Holidays. The terms and provisions of this article notwithstanding,
solid waste collection shall not take place on the following holidays:
January 1 (New Year's Day), the last Monday in May (Memorial Day),
July 4 (Independence Day), the first Monday in September (Labor Day),
the fourth Thursday of November (Thanksgiving Day) or December 25
(Christmas Day).
F.Â
Hours. Unless extended to a Saturday by a holiday or other occurrence,
solid waste collection for residential properties shall be conducted
Monday through Friday during hours established by the collector; provided,
however, that no collection, hauling or transporting of solid waste
shall be permitted on Sundays. Collection services for nonresidential
properties may occur throughout the course of the week based on customer
demand.
G.Â
Responsibility for removal. The licensed collector shall assume full
responsibility for the removal and ultimate disposition of residential
and/or commercial and industrial solid waste from the municipality
when such solid waste is placed in proper containers and in the proper
locations consistent with the terms and provisions of this article.
H.Â
Collection and transportation standards. Licensed collectors shall
comply with the following standards and regulations:
(1)Â
All municipal waste collected within the municipality shall be conveyed
by the licensed collector to a processing facility permitted by the
PADEP, or to a disposal site designated in the approved Westmoreland
County Municipal Waste Management Plan.
(2)Â
Any trucks or other vehicles used for the collection and transportation
of municipal waste must comply with the requirements of Acts 97 and
101, and any Department regulations adopted pursuant of Act 97 and
Act 101.
(3)Â
All collection vehicles conveying domestic waste and garbage shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors, the creation of odors and other nuisances.
(4)Â
Collection vehicles for rubbish and other nonputrescible solid waste
shall be capable of being enclosed or covered to prevent roadside
littering and other nuisances.
(5)Â
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
(6)Â
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
(7)Â
All vehicles used for collection of solid waste shall be registered,
licensed and inspected pursuant to the rules and regulations of the
Commonwealth of Pennsylvania and shall clearly display evidence that
such vehicle has current and valid registration, license and inspection
certifications issued by the Commonwealth of Pennsylvania at all times
such vehicle is in use.
(8)Â
Vehicles and equipment shall not be overloaded to the extent that
garbage or trash may spill or drop on the highways or streets. No
vehicle or equipment shall leak fluids. All trucks, vehicles and other
equipment shall be regularly cleaned, kept in good working condition
and shall bear the name and address of the contractor plainly visible
on same.
(9)Â
The collector, at the collector's sole cost and expense, shall store
all equipment and park all vehicles in appropriate locations approved
by the Township. No trucks or equipment may be parked or stored on
any street within the Township except during actual collection periods.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
A.Â
Billing and payment of collection charges. All charges for the collection
of solid waste shall be billed by the collector directly to the residents
of the Township of Unity or the commercial or industrial establishments
serviced thereby. All service costs shall be paid by such residents,
commercial or industrial establishments directly to the licensed collector.
B.Â
Collection of delinquent service fees. The collector shall be responsible
for the collection of any delinquent payments from customers provided
that the methods to be employed for such collections, and any additional
charges, penalties and/or interest incurred in the collection process,
are permitted by and consistent with federal and Pennsylvania law
governing same.
C.Â
Notice of service terminations to Township. In order to assist in
the enforcement of the mandatory collection provisions of the article,
each collector shall notify the Township of all service terminations
within 10 days of same. Such notice shall be in writing and contain
the name and address of the person whose service has been terminated,
regardless of the reason for termination.
D.Â
Reporting of solid waste and recyclable collections to Township. Consistent with Chapter 93, Recycling, hereafter, each collector shall supply the Township with a report of total tons of waste generated on a monthly basis. The report shall be divided into two parts. Part One shall contain the total amount of solid waste collected and disposed of. Part Two shall contain and describe the total amount of recyclable materials collected and disposed of, broken out by the type of recyclable material collected and the amount attributable to each type. The collector shall also supply any and all other information requested by the Township to enable it to comply with the reporting requirements of Act 101 or otherwise imposed by the Commonwealth of Pennsylvania.
A.Â
Storage at transfer stations. After collection but prior to disposal,
solid waste shall be stored only in transfer stations regulated, approved
and maintained consistent with the requirements of the Commonwealth
of Pennsylvania and County of Westmoreland, except that full or partially
full collection vehicles which have made a final pick up for the day
may be permitted to retain their loads until they may be stored or
deposited at a dump or transfer station on the next day. The foregoing
notwithstanding, no such collection vehicle shall be permitted to
hold solid waste longer than 24 hours unless same is approved by the
Commonwealth of Pennsylvania or County of Westmoreland.
B.Â
Approval of transfer stations by county and commonwealth. A permit
must be received from the commonwealth and a copy of same must be
forwarded to the Township before the licensed collector's operations
commence.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
C.Â
Time limitations on transfer station storage. No solid waste shall
be stored in any transfer station for more than 48 hours unless same
is approved by the Commonwealth of Pennsylvania or County of Westmoreland.
D.Â
Contingency plans. Operators of transfer stations must provide a
contingency plan approved by the commonwealth and/or County of Westmoreland,
detailing how solid waste will be disposed of when same is unable
to be removed from the site within 48 hours because of an emergency.
[Amended 5-9-2013 by Ord.
No. O-5-13]
A.Â
County and DEP licensed facilities. It shall be unlawful and a violation
of this article for any licensed collector to dump, process, destroy,
bury or otherwise dispose of solid waste within the jurisdictional
limits of the Township except at facilities approved and permitted
by the County of Westmoreland and Pennsylvania Department of Environmental
Resources.
B.Â
Disposal at DEP permitted landfills. All licensed collectors shall
dispose of the solid waste from the Township at a sanitary landfill,
incinerator, waste-to-energy plant or other facility approved and
permitted by the Pennsylvania Department of Environmental Protection.
C.Â
Compliance with disposal site regulations. All licensed collectors
shall adhere to the disposal regulations of each disposal site to
which solid waste is taken.
A.Â
Processing facilities. All solid waste shall be processed using approved
methods in properly permitted facilities, including, but not limited
to, incinerators, compost plants and salvage operations which conform
to and comply with all applicable laws, ordinances and zoning requirements.
B.Â
DEP approval of processing facilities. All plans and specifications for any processing facility shall be approved by the commonwealth and proof of such approval shall be provided to the Township prior to the construction and/or operation of same. The location and construction of any processing facility shall comply with the provisions of Chapter 118, Zoning, and Chapter 104, Subdivision and Land Development, of the Code of the Township of Unity, the Pennsylvania Uniform Construction Code and all other applicable federal, state and/or local laws, rules or regulations for same.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
C.Â
Incinerators. All incinerators shall be operated so that any pollution
or emissions from same will not exceed the air quality standards established
by the Pennsylvania Department of Environmental Protection established
for same.
D.Â
Residues and discards. All residues or discards from any processing
facility shall be disposed of at a facility approved and permitted
by the Pennsylvania Department of Environmental Protection.[1]
[1]
Editor's Note: Former § 62-15, Container and receptacle
inspection procedures, which immediately followed this subsection,
was repealed 5-9-2013 by Ord. No. O-5-2013.
The collection of solid waste in the Township and the disposal
thereof shall be subject to such other reasonable rules and regulations
as may from time to time be promulgated by the Township; provided,
however, that no such rules and/or regulations shall be contrary to
the provisions of this article or applicable law.
[Amended 5-9-2013 by Ord.
No. O-5-13]
Other than as set forth in this article, the Township shall
not be deemed to exercise either control over the licensed collector's
employees, nor the methods, manner or practices used by the collector
in the collection of solid waste or recyclables. Any collector registered
with the Township under this article shall be an independent contractor
and, notwithstanding the provisions of this article, shall not be
deemed or construed as an agent, servant or employee of the Township,
and any workman or employee of the collector shall at all times be
considered an employee or workman of the collector.
A.Â
Civil penalties.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
(1)Â
The failure of any person, corporation, entity or firm to comply
with the mandatory collection provisions of this article, or the failure
to have a current agreement with a licensed collector for the removal
of solid waste from their premises shall be in violation of this article
and be subject to civil penalties as follows:
(2)Â
Any person, corporation, entity or firm who violates any other provision
of this article shall be subject to a civil penalty of not less than
$300 nor more than $600. Each day that a violation exists shall constitute
a separate and distinct violation, subjecting the violating party
to a separate civil penalty for each day.
B.Â
Costs, expenses and attorneys' fees. In addition to the foregoing
penalties, any person, corporation, entity or firm found liable for
a violation of the terms of this article shall be subject to the payment
of all costs and expenses incurred in the prosecution of same, including
reasonable attorneys' fees. Each violation of any provision of this
article, and each day the same is continued thereafter, shall be deemed
a separate violation and may be pursued without the necessity of filing
daily claims.
C.Â
Optional notices of violation and payment of penalties. In the event civil penalties are pursued under § 62-26A(1) above, the Code Enforcement Officer of Unity Township may, at their sole discretion, send a notice of violation notifying the person responsible that a violation of this article has occurred and provide such person an opportunity to remedy said violation within five days of the date of such notice, by payment of a penalty not to exceed $100 without the necessity of a court proceeding and the imposition of attorney fees and court costs.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
D.Â
Cumulative remedies. Nothing in this section shall be deemed or construed
to prohibit the Township from pursuing any other remedy, at law or
in equity against any person, corporation, entity or firm, including
any authorized or unauthorized collector to collect damages resulting
from its violation of this article, or to enjoin further violations
of this article. The failure of the Township to enforce any violation
of this article shall not be deemed or construed as a waiver of its
rights to enforce subsequent violations of same.
[Amended 5-9-2013 by Ord.
No. O-5-2013[1]]
[1]
Editor's Note: This ordinance also repealed former § 62-19,
Revocation or Suspension of Registration, which immediately followed
this subsection.
[Amended 5-9-2013 by Ord.
No. O-5-13]
In addition to any penalty or remedy provided herein, the Board
of Supervisors may, at any time, and without refund of any part of
any fee, suspend or revoke the registration of any licensed collector
for any of the following causes:
A.Â
False or misleading statements in the application for registration.
B.Â
Lapse or cancellation of any required insurance coverage.
C.Â
Lapse, cancellation, suspension or revocation of any license issued
to the collector by the Commonwealth of Pennsylvania.
D.Â
Collecting or transporting refuse in a careless or negligent manner
resulting in dirt, odor, impediments within a public roadway, or any
unsafe or unsanitary condition that may be found to be in violation
of any other Township ordinance;
E.Â
Failure to deposit solid waste at a Department of Environmental Protection
approved disposal site in compliance with all disposal regulations
in force at the approved site.
F.Â
A violation of any part of this article or any other ordinances of
the Township or any applicable state or county laws or ordinances.
G.Â
Any breach or failure to perform its obligations described in its
registration application with the Township or the terms of this article.
This article is intended to repeal and replace the former and existing provisions of Article II of Chapter 62 of the Code of Unity Township regarding the collection of solid waste and, by its enactment, does hereby repeal and replace same. Nothing in this Article II of Chapter 62 shall be deemed or construed to affect Article I of Chapter 62 (relating to public dumps) or Chapter 93 (relating to recycling). To the extent the terms and provisions of Article II of Chapter 62 set forth herein are in conflict with any term or provision of Article 1 of Chapter 62 (relating to public dumps) or Chapter 93 (relating to recycling), the more restrictive provision shall apply.
The terms and provisions of this article are severable. In the
event any term or provision set forth herein is declared to be void
or invalid by a court of competent jurisdiction, then the remaining
terms and provisions shall remain and continue in full force and effect.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
This article shall be effective in five days from the date of
its enactment. All persons, corporations, entity or firms must make
arrangements for the removal of solid waste from their properties
by a licensed collector on or before August 1, 2013.