[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:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.
[1]All aluminum beverage or food cans comprised of 100% aluminum.
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.
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.
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.
Structural paper materials with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated food or beverage 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.
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.
Any establishment engaged in manufacturing or processing,
but not limited to factories, foundries, mills, processing plants,
refineries, mines and slaughterhouses.
Includes but shall not be limited to automotive, truck and
industrial batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by the Township and other governmental
and quasi-governmental authorities.
The Township of Penn.
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[2] 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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
(1)
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.
(2)
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."
B.
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.
C.
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.
A.
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:
(1)
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.
(2)
Establishing collection procedures for recyclable
materials.
(3)
Establishing reporting procedures for amounts of material
recycled.
(4)
Establishing procedures for the distribution, monitoring
and collection of recyclable containers.
(5)
Establishing procedures and rules for the collection,
composting or other processing of leaf waste.
B.
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.
C.
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.[1]
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."
A.
ACT 97
ACT 101
BULKY WASTE
COMMERCIAL ESTABLISHMENTS
CONTAINER
COUNTY
DEPARTMENT or DEP
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED HAULER or LICENSED COLLECTOR
MUNICIPALITY
MUNICIPAL WASTE
OCCUPIED DWELLING
PERSON
PROCESSING
RECYCLING
RECYCLING FACILITY
REFUSE
RESIDUAL WASTE
RESOURCE RECOVERY FACILITY
RUBBISH
SALVAGING
SCAVENGING
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases as used in this article
shall have the meanings ascribed herein, unless the context clearly
indicates a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (Act
of July 7, 1980, P.L. 380, No. 97).
[1]The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act (Act of July 28, P.L. 556, No. 101).
[2]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, 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.
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.
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, partnership, association or corporation
engaged in the collection or transportation of municipal 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.
Any establishment 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.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
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.
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.
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.
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.
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.[3] 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."
[4]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.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
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.
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 provisions
of this article and any Department rules and regulations adopted pursuant
to Act 97 and Act 101.
B.
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.
C.
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.
D.
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]
E.
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.
F.
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.
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 free of liquids
before being placed in storage containers.
(2)
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]
(3)
All cans, bottles or other food containers should
be rinsed free of food particles and drained before being placed in
storage containers.
(4)
Newspapers and magazines shall be placed in approved
containers.
(5)
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.
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,
insect-proof and rodent-proof.
(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 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.
(5)
All containers, either reusable or disposable, shall
also comply with the minimum standards established by the National
Sanitation Foundation.
(6)
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]
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 residue or solids on the bottom or sides
of the containers.
(3)
Containers shall be used and maintained so as to prevent
public nuisance.
(4)
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.
(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's or customer's 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.
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.
G.
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.
A.
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.
B.
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.
C.
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.
D.
All residential garbage, rubbish and bulky waste shall
be collected at least once a week.
E.
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.
F.
Residential collection schedules shall be published
regularly by the municipality or its contracted hauler or licensed
hauler.
G.
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.
H.
All licensed haulers and haulers under contract with
the municipality shall comply with the following standards and regulations:
(1)
All municipal waste collected within the municipality
shall be conveyed by the collector or hauler to the Valley Landfill.
(2)
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.
(3)
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.
(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.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.[1]
C.
The license application shall set forth the applicant's
qualifications and include the following information at a minimum:
(1)
The name and mailing address.
(2)
The contact person and telephone number.
(3)
A list of available equipment and manpower.
(4)
The type of wastes to be collected.
(5)
The manner or method of collection.
(6)
The frequency of collection.
(7)
The point of collection.
(8)
The proposed place and method of disposal for each
type of waste.
(9)
The rate schedule for each type of solid waste collection
service.
(10)
A certificate of insurance identifying the type
and amounts of coverage carried by the applicant.
D.
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.
E.
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.
F.
All licenses shall be issued for a period of one calendar
year and shall be nontransferable.
G.
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.
H.
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.
I.
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.
J.
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.
A.
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.
B.
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:
(1)
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
(2)
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.
A.
All appeals shall be made in writing to the governing
body of the municipality.
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.
(2)
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.
(3)
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.
(4)
Licensees whose licenses have been revoked may appeal
within 10 days after receiving the municipality's notice of license
revocation.
(5)
Licensees and nonlicensees who have received notices
of violation may appeal within the time limit stated in their notice
of violation.
D.
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.
