[Adopted 1-19-1958 by Ord. No. 11958]
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. 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. All
licenses shall be issued upon application in writing.
C. 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. Such
letter of application shall evidence the agreement to furnish public
liability insurance in the amount of $100,000/$300,000.
E. 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. 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. 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. 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. The
dumping of explosive materials, liquid or semiliquid, is expressly
prohibited.
J. 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. No
pools of water shall be collected on the waste disposal area that
will create a hazard to children.
L. 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. There
shall be no burning of waste on the waste disposal area.
N. There
shall be no dumping of waste within 100 feet of any stream, spring
or drain.
O. 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. 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. 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. 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.
S. Such
application, in writing, shall state whether the land to be used is
owned in fee or under lease.
(1) If such land is leased, then a copy of the lease must be attached.
(2) If such land is owned in fee, a deed volume and page number of the
recording of the deed must be attached.
T. 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. A
Board of Health permit, if such is required, shall also accompany
said application.
V. Where
a limited type of refuse is included in the application, all permits
will be limited to that type of refuse.
W. The
Board of Supervisors reserves the right to exclude any type or types
of refuse or garbage.
X. All
landfills or public dumps shall be regularly treated against infestation
by rats.
Y. 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. 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. Further
action by Township.
(1) 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) To restrain, correct or remove the violation or refrain from any
further accumulation of any garbage or refuse;
(b) To prevent the occupancy of any structure or property that is not
in compliance with the provisions of this article; and
(c) 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) 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. 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. 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. 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]
This Article
II of Chapter
62 of the Code of Unity Township shall be known and may be cited as the "Unity Township Solid Waste Management Ordinance."
For the purpose of this article, the following words and phrases
shall have the meanings given herein:
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act No. 101, July 28, 1988)
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P L
380, No. 97, July 7, 1980)
AGRICULTURAL WASTE
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.
ASHES
The residue resulting from the burning of wood, coal or other
combustible materials. This definition excludes ashes resulting from
industrial processes.
BOARD or BOARD OF SUPERVISORS
The elected or appointed members of the Board of Supervisors
of the Township of Unity, Westmoreland County, Pennsylvania.
BULKY WASTE
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.
COMMERCIAL PROPERTIES
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.
COMMUNITY ACTIVITIES
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.
COMPOSTING
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.
CONSTRUCTION AND DEMOLITION WASTE
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.
CONTAINER
Any can, mechanical bin, box or disposable container used
for storage of refuse.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
DEAD ANIMALS
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.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISPOSAL
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.
DISPOSAL SITE
A site, location, tract of land, area or premises used or
intended to be used for solid waste disposal.
DUMP
A site for the consolidation of waste from one or more sources
which has little or no management.
DWELLING
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.
FARM PROPERTY
A parcel or parcels of land devoted to agriculture; either
to raising crops, livestock, poultry or pasture.
GARBAGE
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.
GLASS CONTAINERS
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.
GOVERNING BODY
The elected officials constituting the Board of Supervisors
of the Township of Unity.
HAZARDOUS WASTE
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.).
HIGH GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and/or residences.
INCINERATOR
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.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENTS
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.
LEAD ACID BATTERIES
Any battery that contains lead, including, but not limited
to, automotive, truck and industrial batteries.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings. Leaf waste does not include
grass clippings, magazines or periodicals.
LICENSED COLLECTOR
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]
MUNICIPAL WASTE
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.
MUNICIPAL WASTE LANDFILL
Any facility that is designed, operated and maintained for
the disposal of municipal waste and permitted by the PADEP for such
purposes.
MUNICIPALITY
The Township of Unity, Westmoreland County, Pennsylvania,
acting through its duly elected Board of Supervisors, or their appointed
employees.
OPERATOR
Any person who manages any solid waste storage, transfer,
processing or disposal operation.
PERSON
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.
PROCESSING
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.
PUTRESCIBLE MATERIAL
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.
RECYCLABLE MATERIALS
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.
RECYCLING
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.
REFUSE
All solid waste materials which are discarded as useless.
RESIDENCES or RESIDENTIAL PROPERTIES
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.
RESIDUE
Solid materials remaining after burning, including, but not
limited to, ashes, metals, glass, ceramics and unburned organic substances.
RUBBISH
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.
SALVAGE OPERATION
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.
SALVAGING
The controlled removal of reusable materials at a salvage
operation.
SANITARY LANDFILL
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.
SCAVENGING
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.
SEWAGE TREATMENT RESIDUES
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.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
STORAGE
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.
SUPERVISORS
The duly elected or appointed Board of Supervisors of Unity
Township, Westmoreland County, Pennsylvania.
TOWNSHIP
The Township of Unity, County of Westmoreland, Commonwealth
of Pennsylvania.
TRANSFER STATION
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.
TRANSPORTATION
The off-site removal of any solid waste at any time after
generation.
TRASH or WASTE
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.
UNAUTHORIZED COLLECTOR
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]
YARD WASTE
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.
|
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. 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. Aid and assist the Commonwealth in the application and enforcement
of rules and regulations pertaining to solid waste management.
C. 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. 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. 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. 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. 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.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
A. 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. Mandatory collection for households. All household and homeowners
shall utilize the residential collection service or services of a
licensed collector.
C. Mandatory collections in commercial institutions, etc. All commercial,
institutional and industrial establishments shall dispose of all municipal
waste through a licensed collector.
D. 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. 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. Licensing by commonwealth. All collectors who desire to provide solid
waste and recyclable collection services within the Township shall:
(1) Be
licensed to perform such services by the Commonwealth of Pennsylvania;
(2) 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) Otherwise
comply with the terms and procedures of this article.
[Amended 5-9-2013 by Ord.
No. O-5-2013]
A. 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. 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) The licensed collector shall collect all required recyclable materials
regardless of whether there is refuse for collection.
(2) 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) 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) 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. Placement of containers.
(1) 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) 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) 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. Collection schedules. The collector shall collect solid waste throughout
the Township on schedules developed by the collector.
E. 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. 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. 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. Collection and transportation standards. Licensed collectors shall
comply with the following standards and regulations:
(1) 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) 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) 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) 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) All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
(6) All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
(7) 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) 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) 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. 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. 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. 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. 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.
[Amended 5-9-2013 by Ord.
No. O-5-13]
A. 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. 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. Compliance with disposal site regulations. All licensed collectors
shall adhere to the disposal regulations of each disposal site to
which solid waste is taken.
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.
[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. False or misleading statements in the application for registration.
B. Lapse or cancellation of any required insurance coverage.
C. Lapse, cancellation, suspension or revocation of any license issued
to the collector by the Commonwealth of Pennsylvania.
D. 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. 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. 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. 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.