[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.
ACT 97
ACT 101
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION AND DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
(1)
(2)
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENTS
LICENSE, COUNTY
LICENSE, RICHLAND
MUNICIPALITY
MUNICIPAL WASTE
ORDINANCE NO. 191
ORDINANCE NO. 208
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases as used in this article
shall have the meaning ascribed herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No.
97, July 7, 1980).
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988 (Act No. 101, July 28, 1988).
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.
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.
Any establishment engaged in nonmanufacturing or nonprocessing business,
including but not limited to stores, markets, office buildings, restaurants,
shopping centers and theaters.
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.
The Pennsylvania Department of Environmental Protection.
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.
Solid waste, comprised of garbage and rubbish, which normally originates
in the residential private household or apartment house.
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.
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.
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:
Cause or significantly contribute to an increase in mortality or an
increase in morbidity in either an individual or the total population; or
Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed of or otherwise
managed.
Any establishments engaged in manufacturing or processing, including
but not limited to factories, foundries, mills, processing plants, refineries,
mines and slaughterhouses.
Any establishment engaged in service, including but not limited to
hospitals, nursing homes, orphanages, schools and universities.
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.
A legally constituted requirement (Article I, Licensing of Haulers) imposed by Richland Township for the purpose of regulating refuse collectors operating within Richland Township.
The Township of Richland, Cambria County, Pennsylvania.
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.
The Richland Township Licensing of Collectors Ordinance[2] of February 27, 1989.
[3]The Richland Township Recycling Ordinance of June 11, 1990, and the
regulations issued pursuant thereto.
[4]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.
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.
All solid waste materials which are discarded as useless.
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]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.
The unauthorized and uncontrolled removal of material placed for
collection or from a solid waste processing or disposal facility.
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]Any waste, including but not limited to municipal, residual or hazardous
wastes, including solid, liquid, semisolid or contained gaseous material.
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.
Any supplemental transportation facility used as an adjunct to solid
waste route collection vehicles.
The off-site removal of any solid waste at any time after generation.
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.
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.
