[HISTORY: Adopted by the Board of Commissioners of the Township of Penn: Art. I, 8-20-1990 by Ord. No. 548; Art. II, 1-18-1993 by Ord. No. 594. Amendments noted where applicable.]
[Adopted 8-20-1990 by Ord. No. 548]
The short title of this article shall be the "Township of Penn Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article shall have the following meanings:
- All aluminum beverage or food cans comprised of 100% aluminum.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of steel and aluminum.
- The entity or entities authorized by the Township to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments that do not receive collection services through the Township contract to collect recyclable materials from those properties.
- COMMERCIAL ESTABLISHMENTS
- An establishment whose primary use is commercial and is engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants and shopping centers.
- 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.
- CORRUGATED PAPER
- Structural paper materials with an inner core shaped in rigid parallel furrows and ridges.
- FERROUS CONTAINERS
- Empty steel or tin-coated food or beverage containers.
- 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 ceramic products.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper, copier paper, letterhead, mimeograph paper and computer paper typically sold as white ledger paper used in commercial, institutional and municipal establishments and in residences, if a commercial operation exists within the residence.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
- LEAD ACID BATTERIES
- Includes but shall not be limited to automotive, truck and industrial batteries that contain lead.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
- MAGAZINES AND PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
- MULTIFAMILY HOUSING PROPERTIES
- Any properties having four or more dwelling units per structure.
- MUNICIPAL ESTABLISHMENT
- Public facilities operated by the Township and other governmental and quasi-governmental authorities.
- The Township of Penn.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial, lunchroom or other material, including solid, liquid, semisolid or containing 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 in the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
- Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions containing advertisements and other matters of public interest. Expressly excluded are newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
- Owners, lessees and occupants of residences and commercial, municipal and institutional establishments.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the Township may stipulate specific types of plastic which may be recycled.
- 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 returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include but are not necessarily limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, plastics and any other item selected by the Township or specified in future revisions to Act 101. The recyclable materials selected by the Township may be revised from time to time as deemed necessary by the Township.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than combustion) and creation and recovery of reusable materials.
- Any occupied single or multifamily dwellings having up to three dwelling units per structure.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
The Township hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting or other processing of leaf waste from all residences and all commercial, municipal and institutional establishments located in the Township for which waste collection is provided through the Township contract or any other collector.
Collection of the recyclable materials shall be made at least biweekly or more frequently, as required by the Board of Commissioners, by the solid waste collectors operating in the Township and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program.
Specific program regulations are provided as an attachment to this article. The Township Commissioners are empowered to make changes to program regulations as necessary, as described in § 138-10. Subsequent changes in the program regulations may be made through approval of the Township Commissioners and public notice and notifications of all affected parties.
Disposal by persons of lead acid batteries with other municipal wastes is prohibited and shall be a violation of this article.
All persons who are residents of the Township shall separate all of those recyclable materials designated by the Township from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection and place the same for collection in accordance with the guidelines established hereunder.
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the Township for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the Township and the resident shall be responsible for leaving the allocated container within the residence or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this article.
An owner, landlord or agent of an owner or landlord of a multifamily rental housing property with four or more units must comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. To obtain said exemption, the owner, landlord or agent of the owner or landlord of a multifamily rental housing property must supply to the Township sufficient verification and documentation that the aforesaid collection system satisfies the requirements of Act 101 of 1988, known as the "Municipal Waste Planning, Recycling and Waste Reduction Act of 1988."
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection, unless those persons have otherwise provided for composting or other processing of leaf waste.
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Township generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection or, in the case of leaf waste, unless those persons have otherwise provided for composting or other processing of leaf waste. A person may be exempted from this subsection if that person submits documentation to the Township annually indicating that the designated recyclable materials are being recycled in an appropriate manner.
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by § 138-8 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm or corporation, other than the Township or one authorized by the Board of Commissioners or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the collector then under contract with the Township or another authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the Township Commissioners or other entity responsible for authorizing collection of recyclable materials to make such a collection.
Enforcement. The Township Commissioners are hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article as deemed necessary including but not limited to:
Establishing recyclable materials to be separated for collection and recycling by residences and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
Establishing collection procedures for recyclable materials.
Establishing reporting procedures for amounts of material recycled.
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
Establishing procedures and rules for the collection, composting or other processing of leaf waste.
Notice. Any person, firm or corporation who shall violate the provisions of this article shall receive an official written warning of noncompliance for the first and second offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
Violations and penalties. Except as hereinafter provided, any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of nor more than $1,000, plus costs of prosecution, for each and every offense, and in default of payment of such costs to imprisonment not to exceed 30 days. The Township reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this article. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited, unless markets do not exist and the collectors or operators have notified the Township Commissioners, in writing.
The Township may enter into an agreement with public or private agencies or firms to authorize it to collect all or part of the recyclable materials from the curbside.
The Township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 138-9.
[Adopted 1-18-1993 by Ord. No. 594]
This article shall be known and referred to as the "Solid Waste Ordinance."
The following words and phrases as used in this article shall have the meanings ascribed herein, unless the context clearly indicates a different meaning:
- ACT 97
- The Pennsylvania Solid Waste Management Act of 1980 (Act of July 7, 1980, P.L. 380, No. 97). 
- ACT 101
- The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (Act of July 28, P.L. 556, No. 101). 
- 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 ESTABLISHMENTS
- Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers, theaters, bars, taverns and gas stations.
- A portable device in which waste is held for storage or transportation.
- The County of Westmoreland or the Westmoreland County Board of County Commissioners.
- DEPARTMENT or DEP
- The Pennsylvania Department of Environmental Protection (DEP).
- The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that 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.
- 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, partnership, association or corporation engaged in the collection or transportation of municipal waste.
- HAZARDOUS WASTE
- Any solid waste or combination of solid wastes, as defined in Act 97, 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.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
- LICENSED HAULER or LICENSED COLLECTOR
- Any municipal waste hauler or collector possessing a valid and current county license issued by the Westmoreland County Solid Waste Authority pursuant to County Ordinance No. 2-1992 and the municipality pursuant to this article.
- The Township of Penn, Westmoreland 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 Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. This term does not include source-separated recyclable materials.
- OCCUPIED DWELLING
- A permanent building or fixed mobile home that is currently being used on a regular or temporary basis for human habitation.
- 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 and resource recovery facilities.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste, or the mechanical separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
- RECYCLING FACILITY
- A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste, nor composting facilities or resource recovery facilities.
- 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. The term 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 Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law." 
- RESOURCE RECOVERY FACILITY
- A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off-site, including but not limited to a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy and any chemical and biological process that converts municipal waste into a fuel product.
- 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 controlled removal or recycling of material from a solid waste processing or disposal facility.
- The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
- SOLID WASTE
- Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
- 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.
- The off-site removal of any solid waste at any time after generation.
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 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 provisions of this article and any Department rules and regulations adopted pursuant to Act 97 and Act 101.
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.
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 a current, valid county license issued by the Westmoreland County Solid Waste Authority and first securing a license to do so in accordance with the provisions of this article.
It shall be unlawful for any person to scavenge any materials from any municipal waste or source-separated recyclable materials that are stored or deposited for collection with the municipality.
[Amended 1-16-2012 by Ord. No. 882]
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 any Department rules and regulations adopted pursuant to Act 97 and Act 101.
It shall be unlawful for any person to place any used lead acid battery in mixed municipal solid waste for collection or to discard or dispose any lead acid battery, except by delivery to a secondary lead smelter permitted by the United States Environmental Protection Agency or a collection or recycling facility approved by the Department.
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.
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.
Any person storing municipal waste for collection shall comply with the following preparation standards:
All municipal waste shall be drained free of liquids before being placed in storage containers.
All garbage or other putrescible waste shall be securely placed in plastic bags or reusable containers, as defined herein.
[Amended 6-16-2003 by Ord. No. 776]
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
Newspapers and magazines shall be placed in approved containers.
When specified by the municipality or its designated representative, special preparation and storage procedures may be required to facilitate the collection and recycling of certain recyclable material.
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:
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, insect-proof and rodent-proof.
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
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.
Disposable plastic bags or sacks are acceptable containers, provided that the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength no less than 0.95 mil of thickness 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.
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
With the exception of pickup days when the containers are placed out for collection, the container shall be properly stored on the owner's or customer's premises at all times; provided, however, that the containers placed for collection shall not be placed within the road right-of-way more than 24 hours preceding the scheduled pickup or collection time. Further, any reusable containers shall be removed from within the right-of-way within 12 hours after being emptied by the refuse collector.
[Added 6-16-2003 by Ord. No. 776]
Any person storing municipal waste for collection shall comply with the following storage standards:
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
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 residue or solids on the bottom or sides of the containers.
Containers shall be used and maintained so as to prevent public nuisance.
Containers that do not conform to the standards of this article or which have sharp edges, ragged edges or any other defect which may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the municipality or its designated representative.
Containers shall be placed by the owner or customer at a collection point specified by the municipality or its designated representative.
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.
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.
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.
Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the Department's Chapter 285, Subchapter A, regulations for the storage of municipal waste.
The municipality shall provide for the collection of all garbage, rubbish and bulky wastes which shall be by any licensed hauler. The Township may, from time to time, designate the method of collection.
All households and homeowners shall utilize the residential collection service as determined by the municipality, unless they can demonstrate that they have made alternative arrangements that are consistent with this article and all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101 and approved by the municipality.
All multifamily residential sources (with more than four units) and commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the municipality's contract collector or any other licensed hauler of their choice.
All residential garbage, rubbish and bulky waste shall be collected at least once a week.
All commercial, institutional, public and industrial lunchrooms 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.
Residential collection schedules shall be published regularly by the municipality or its contracted hauler or licensed hauler.
No collection, hauling or transporting of solid waste shall be permitted on Saturday or Sunday, except when there is a holiday in the preceding week; then collection shall be permitted on Saturday.
All licensed haulers and haulers under contract with the municipality shall comply with the following standards and regulations:
All municipal waste collected within the municipality shall be conveyed by the collector or hauler to the Valley Landfill.
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97 and Act 101 and any Department regulations adopted pursuant to Act 97 and Act 101, including the Title 25, Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.
All collection vehicles conveying domestic or household waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, creation of odors and other nuisances.
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
The governing body of the municipality shall be authorized to make funds available, in accordance with the laws and procedures of the municipality, for the establishment, maintenance and operation of a municipal solid waste collection and disposal system or for the contracting of such service to a private collector.
The rate of charges to each household dwelling for the collection and disposal of solid wastes shall be in accordance with an annual fee schedule approved by the municipality, which shall be established by resolution of the Township of Penn.
The rate of charges to commercial, institutional and industrial establishments for the collection and disposal of solid wastes shall be negotiated by the commercial, institutional or industrial establishments and the licensed hauler or designated hauler.
The municipality's contracted hauler and/or licensed hauler shall be responsible for the collection of any fees for solid waste collection and disposal services provided to residential, commercial, institutional or industrial sources within the municipality.
No person shall collect, remove, haul or transport any solid waste upon or through any streets or alleys of the municipality without a current, valid county license issued by the Westmoreland County Solid Waste Authority pursuant to the requirements of County Ordinance No. 2-1992 and first obtaining a license from the municipality.
Any person who desires to collect, haul, transport or dispose of of any solid waste within the municipality shall submit a license application and an application fee, as set from time to time by resolution of the Board of Commissioners, to the municipality or its designated representative. A minimum period of 30 days shall be allowed for the municipality to review the application and take approval or denial action.
The license application shall set forth the applicant's qualifications and include the following information at a minimum:
The name and mailing address.
The contact person and telephone number.
A list of available equipment and manpower.
The type of wastes to be collected.
The manner or method of collection.
The frequency of collection.
The point of collection.
The proposed place and method of disposal for each type of waste.
The rate schedule for each type of solid waste collection service.
A certificate of insurance identifying the type and amounts of coverage carried by the applicant.
Prior to issuing a license or entering a collection service contract, the municipality may require an applicant to submit a certificate of insurance as evidence of insurance coverage for the minimum amounts specified by the municipality.
Prior to issuing a license or entering into a collection service contract, the municipality may require the contract hauler to post a performance bond to compensate the municipality in the event that it must assume the obligations and duties of the contract hauler for nonperformance.
All licenses shall be issued for a period of one calendar year and shall be nontransferable.
An existing licensee shall submit a new license application and license fee to the municipality at least 60 days prior to the expiration of the license, if a renewal is desired. If the licensee continues to satisfy the municipality's requirements for a license, the license shall be renewed. The municipality reserves the right to deny a license renewal if the licensee is in violation of the provisions in this article.
Any misrepresentation or falsification on a license application may be grounds for rejection of an application or immediate revocation of a license which has already been issued.
In the event that any information on the license application, including rates or charges, changes during the term of the license, the licensee shall notify the municipality of the change within 30 days before such a change becomes effective. Failure to notify the municipality of such changes may be grounds for immediate revocation of the license.
All licensed haulers shall be responsible for maintaining a current list of customers serviced and records of the amounts and types of waste collected within the municipality. Such records and customer lists shall be available for inspection and be provided to the municipality or its designated representatives upon request.
In the event that any person is found to be in violation of this article, the municipality may issue a written notice of violation to the alleged violator. This notice shall be in writing and sent by certified mail with return receipt requested. The notice shall state the nature of the violation(s) and the necessary corrective actions required in detail. The person notified shall be provided a reasonable time period (stated in notice) to either correct the violation(s) or appeal.
In the event that a hauler licensed by the municipality is found to be in violation of this article, the municipality may take the following actions at its discretion, depending on the nature of the violation:
The municipality may issue a notice of violation to the licensee. This notice shall be in writing and sent by certified mail with return receipt requested to the address the licensee gave in its application to the municipality. The notice shall state the nature of the alleged violation(s) and the necessary corrective action required. The licensee shall be provided a reasonable time period (stated in notice) to either correct the violation(s) or appeal. If the violation is not corrected or appealed within the specified period, the municipality's license shall automatically be revoked with no right to administrative appeal, and the licensee may be prosecuted under the penalty provisions of this article; or
The municipality may immediately revoke a hauler's license issued by the municipality by issuing a written notice of license revocation to the licensee by certified mail with return receipt requested. The notice of revocation shall state the reasons for the municipality's actions and inform the licensee that the decision may be appealed within 10 days after receipt of the notice. Any appeal must be filed in writing and must show cause why the municipality should not carry out the license revocation.
All appeals shall be made in writing to the governing body of the municipality.
Pending a reversal or modification, all decisions of the municipality shall remain effective and enforceable.
Appeals may be made by the following persons:
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.
Any person who is aggrieved by the granting or the refusal to grant a license by the municipality may appeal within 10 days after the municipality announces the denial.
Licensees whose application for license renewal has been denied may appeal within 10 days after receiving the municipality's notice of denial for the license renewal.
Licensees whose licenses have been revoked may appeal within 10 days after receiving the municipality's notice of license revocation.
Licensees and nonlicensees who have received notices of violation may appeal within the time limit stated in their notice of violation.
Any notice of appeal shall be submitted, in writing, to the municipality by certified mail, with return receipt requested. Within 30 days after receipt of the notice of appeal, the municipality shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail, with return receipt requested, at the last known address, in addition to publication in the local newspaper.
The municipality may petition the Court of Common Pleas of Westmoreland County for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
Any person who violates any provision of this article shall, upon conviction, be guilty of a misdemeanor which is punishable by a fine of not more than $1,000 or, in default of payment of such fine, by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered a separate and distinct offense.