[Adopted 5-18-1992 by Ord. No. 218]
This article shall be known and referred to as the "Solid Waste Ordinance of Richland Township."
A. 
The following words and phrases as used in this article shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act No. 101, July 28, 1988).
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 that 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.
BULKY WASTE
Large items of solid waste, including but not limited to appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to their size, shape or weight.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
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.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISPOSAL
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.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
GARBAGE
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.
HAULER or PRIVATE COLLECTOR
Any person, firm, copartnership, association or corporation who has been licensed by Cambria County and Richland Township or its/their designated representatives to collect, transport and dispose of refuse for a fee.
HAZARDOUS WASTE
Any solid waste or combination of solid wastes, as defined in Act 97 or Act 101,[1] 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.
INDUSTRIAL ESTABLISHMENT
Any establishments engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENTS
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
LICENSE, COUNTY
A legally constituted requirement (PA Act 101 of 1988) imposed by the County Commissioners of Cambria County for the purpose of collecting and hauling municipal waste from any municipality within Cambria County. This license shall also designate the required disposal site or sites as included in the county's Municipal Waste Management Plan.
LICENSE, RICHLAND
A legally constituted requirement (Article I, Licensing of Haulers) imposed by Richland Township for the purpose of regulating refuse collectors operating within Richland Township.
MUNICIPALITY
The Township of Richland, Cambria County, Pennsylvania.
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 and 101 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials as defined in Article II, Recycling.
ORDINANCE NO. 191
The Richland Township Licensing of Collectors Ordinance[2] of February 27, 1989.
[3]
ORDINANCE NO. 208
The Richland Township Recycling Ordinance of June 11, 1990, and the regulations issued pursuant thereto.
[4]
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. Family members or two or more unrelated persons living in a residential family unit shall collectively be defined as a person.
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 and resource recovery facilities.
REFUSE
All solid waste materials which are discarded as useless.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act.[5] Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law.
[6]
RUBBISH
All nonputrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SEWAGE TREATMENT RESIDUES
Any coarse screenings, grit and dewatered 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.
[7]
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.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
[2]
Editor's Note: See Art. I, Licensing of Haulers, of this chapter.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: See Art. II, Recycling, of this chapter.
[5]
Editor's Note: See 52 P.S. § 30.51 et seq.
[6]
Editor's Note: See 35 P.S. § 691.1 et seq.
[7]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
A. 
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the municipality 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.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
B. 
It shall be unlawful for any person to burn any solid waste within the municipality except in accordance with the provisions of this article and any Department rules and regulations adopted pursuant to Act 97 and Act 101.
C. 
It shall be unlawful for any person to dispose of any solid waste in the municipality except in accordance with the provisions of this article and any Department rules and regulations adopted pursuant to Act 97 and Act 101.
D. 
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the municipality without first securing a license to do so in accordance with the provisions of this article and Article I, Licensing of Haulers.
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the municipality without prior approval by the municipality.
F. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the municipality except at an approved and permitted resource recovery facility under Act 97 and Act 101,[2] and any Department rules and regulations adopted pursuant to these acts.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
G. 
It shall be unlawful for any person to throw, place or deposit or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water or public or private property within the municipality except as provided in this article.
H. 
It shall be unlawful for any person to place a used lead acid battery in mixed municipal solid waste, 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.
I. 
It shall be unlawful for any municipal waste landfill to accept for disposal, and no resource recovery facility may accept for processing, other than composting, truckloads composed primarily of leaf waste.
A. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B. 
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections, and shall place and store all waste materials therein.
C. 
Any person storing municipal waste for collection shall comply with the following preparation standards:
(1) 
All municipal waste shall be drained of free liquids before being placed in storage containers.
(2) 
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
(3) 
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
(4) 
Garden clippings and tree trimmings 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) 
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) 
When specified by the municipality or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery (recycling) of certain waste materials (Article II, Recycling).
D. 
All municipal waste shall be stored in containers approved by the municipality or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
(1) 
Reusable containers shall be constructed of durable, watertight, rust- and corrosion-resistant material such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insectproof and rodentproof.
(2) 
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
(3) 
Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons, and a loaded weight of not more than 40 pounds.
(4) 
Disposable plastic bags or sacks are acceptable containers, provided that 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) 
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
E. 
Any person storing municipal waste for collection shall comply with the following storage standards:
(1) 
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
(2) 
Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.
(3) 
Containers shall be used and maintained so as to prevent public nuisances.
(4) 
Containers that do not conform to the standards of this article or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the municipality or its designated representative.
(5) 
Containers shall be placed by the owner or customer at a collection point specified by the municipality or its designated representative.
(6) 
With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.
(7) 
Bulk waste items such as furniture, automobile parts, machinery, appliances and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards and shall be in compliance with the BOCA regulations of the municipality.
F. 
The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler, and are subject to approval by the municipality.
A. 
Every person generating any type of waste, as defined herein, shall contract with a county/municipal licensed hauler or private collector of his/her/its choice to provide essential collection service.
B. 
At the request of the municipality, a person shall provide evidence of a contract with a collection service which was, is or is to be provided. Evidence may include a written contract with paid receipt from or canceled check to a properly licensed hauler or private contractor or other indicia which in the sole discretion of the municipality is satisfactory to prove that there is/was compliance with the requirements of this article.
C. 
All residential garbage and rubbish shall be collected at least once a week.
D. 
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The municipality reserves the right to require more frequent collection when deemed necessary.
E. 
The municipality reserves the right to set, by resolution, the days and hours of solid waste collection activity.
F. 
All licensed haulers shall comply with the following standards and regulations:
(1) 
All municipal waste collected within the municipality shall be conveyed by the hauler to a transfer station, processing facility or disposal site designated in the approved Cambria County Municipal Waste Management Plan and Article I, Licensing of Haulers.
(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[1] and any Department regulations adopted pursuant to Act 97 and Act 101, and must be licensed by the Cambria County Commissioners or their designated agent and Richland Township as per Article I, Licensing of Haulers.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
(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 litter 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.
A. 
All appeals shall be made in writing to the Board of Supervisors.
B. 
Pending a reversal or modification, all decisions of the municipality shall remain effective and enforceable.
C. 
Appeals may be made by the following persons:
(1) 
Any person who is aggrieved by a new standard or regulation issued by the municipality may appeal within 10 days after the municipality gives notice of its intention to issue the new standard or regulation.
D. 
The notice of appeal shall be served in writing and sent by certified mail with return receipt requested. Within 20 days after receipt of the notice of appeal, the Board of Supervisors shall hold a public hearing pursuant to the Local Agency Law.[1] Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in the local newspaper.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105.
The municipality may petition the Court of Common Pleas of Cambria County for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It is the intent of the Board of Supervisors that Article I, Licensing of Haulers, and Article II, Recycling, as they may be subsequently amended, are to be read and construed in pari materia with this article.