[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Burrell as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 106.
[Adopted 6-1-1992 by Ord. No. 3-1992]
As used in this article, the following terms shall have the
meanings indicated:
The Board of Supervisors of Upper Burrell Township, Westmoreland
County, Pennsylvania.
Construction and construction-related retail, fabricating,
repair and manufacturing but not limited to these.
Any and all forms of waste and refuse of any type of material
including, but not limited to, scrap metal, abandoned and worthless
household appliances, motor vehicles and construction machinery and
parts for same, glass, industrial waste, packaging materials and scrap
materials for manufacturing.
Any natural person, partnership, firm, corporation or other
legal entity including singular and plural, male and female.
Any parcel of land situated in Upper Burrell Township, Westmoreland
County, Pennsylvania, having a separate Tax Map parcel number for
county assessment purposes.
A location where the primary purpose is for maintaining a
household and not for conducting business.
Any and all forms of waste and refuse of any type of material
including, but not limited to, all discarded metal, plastic, glass,
ceramic and organic materials; papers; wood; boards; timbers; wooden
pallets; pasteboard; rags; mattresses; discarded furniture or appliances;
discarded clothes, shoes and boots; leather; carpets; broken glass;
crockery; bottles; excelsior; floor sweepings; metal packing boxes
and barrels and broken parts thereof; cans; tires; household refuse
generally, including garbage; demolished building material; and any
other material which by reason of its nature might give off toxic
chemicals, obnoxious odors or dust or be unsightly or a fire hazard
or harbor rats, vermin, insects or termites to the detriment of the
health, safety or general welfare of the residents of Upper Burrell
Township.
The Township of Upper Burrell, Westmoreland County, Pennsylvania.
Every device in which, upon which or by which any person
or property is or may be transported or drawn upon a highway and is
ordinarily required to be currently registered with the Commonwealth
of Pennsylvania except devices used exclusively upon rails or tracks.
A.
It will be unlawful for the owners or operators of a business to
place or accumulate rubbish, junk, offal or offensive material of
any character around buildings, in streets, lanes, alleys, yards,
on business property or on vacant ground in Upper Burrell Township
or cause or permit any of such materials to be accumulated.
(1)
Animal boarding establishments must remove animal excrement every
90 days or less.
B.
Certain businesses, i.e., construction or construction-related businesses,
vehicle repair businesses, but not limited to these, which by the
very nature of the business must store equipment, vehicles or material
will situate such items at least 20 feet from all established property
boundaries of the premises occupied by the business.
C.
There must be no accumulation of abandoned equipment, vehicles without
current registrations or material that will not be used within a period
of time reasonable for that particular business.
D.
Businesses which must store quantities of equipment, vehicles or
material, or businesses which must hold quantities of rubbish or junk
for a reasonable time for disposal may be requested in writing by
the Upper Burrell Township Board of Supervisors to erect a natural
sight barrier or a three-foot to seven-foot high man-made sight barrier.
A.
It will be unlawful for the occupiers of residences or other buildings,
or the owners or agents of owners of property to place or accumulate
rubbish, junk, offal or offensive material of any character around
residences, around buildings, in streets, lanes, alleys, yards or
on vacant ground in Upper Burrell Township or cause or permit any
of such materials to be accumulated.
(1)
Farms not actively used for farming must remove animal excrement
every 90 days or less.
B.
A residence may have no more
than one currently unregistered vehicle outside an enclosure or building
on a premises at one time. This allows for one vehicle used for hobby
purposes, i.e., racing, refurbishing or repairing, to be stored outside
an enclosure or building on the premises.
C.
This article is not written to prohibit a business being conducted in a residence. However, if a business is conducted in or on a residence premises, every part of § 273-2 of this article will apply.
D.
Farm machinery and equipment and farm products and by-products are
exempt from the operation of this section, provided that they are
located on a farm which is actively used for farming.
A.
Persons observing a violation of any part of this article should
file a complaint in writing with the Board.
B.
For the first alleged offense of this article, the alleged violator
of any part of this article will be notified of such alleged violation
by the Board of Supervisors or by any Township official or police
officer by certified mail or by personal service of notice of the
alleged violation. The notification to the alleged violator will also
include a proposed remedy, will request that an appointment be made
with the Upper Burrell Township Board of Supervisors to discuss the
problem and will allow 30 days to remedy or resolve the alleged violation
prior to the filing of any civil or criminal proceedings. For the
second or any subsequent alleged offense of this article, the alleged
violation notification procedures set forth hereinabove need not be
followed prior to the filing of any civil or criminal proceedings.
C.
If a property is in violation of this article at the time of a planned
sale or transfer, such violation must be cleared before the sale or
transfer or provisions for compliance made before transfer. The Municipal
Lien Letter required of the Township at the time of the sale or transfer
of property must state whether or not the property is in compliance
with this Township ordinance at the time of issuance of the Municipal
Lien Letter or that the Board has approved a plan submitted by the
buyer and the seller to bring the property into compliance with this
article.
D.
The Board or any person may take any appropriate action at law or
in equity, civil or criminal, to enforce the provisions of this article
and this article will in no way restrict any remedies otherwise provided
by law.
Any person violating any of the provisions of this article shall,
upon summary conviction thereof before a Magisterial District Judge,
pay a fine not exceeding $1,000, together with costs of the prosecution,
and in default of payment of such fine and costs of prosecution, shall
be imprisoned for not more than 90 days. Each day such violation is
committed or permitted to continue shall constitute a separate offense
and shall be punishable as such hereunder.
[Adopted 11-2-1992 by Ord. No. 5-1992]
This article shall be known and referred to as the "Municipal
Solid Waste Ordinance."
A.
ACT 97
ACT 101
BULKY WASTE
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
CONTAINER
COUNTY
DEP
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPALITY
PERSON
RUBBISH
SALVAGING
SCAVENGING
SOLID WASTE
STORAGE
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).[1]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 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 size, shape or weight.
Any person, firm, partnership, corporation or public agency
engaged in the collection and/or transportation of municipal waste.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
A portable device in which waste is held temporarily 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 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 collector or hauler possessing a current,
valid county license issued by the Westmoreland County Department
of Planning and Development pursuant to the applicable Westmoreland
County ordinance.
Any 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[3] 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.
The Township of Upper Burrell, Westmoreland County, Pennsylvania.
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.
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.
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 shall
constitute disposal. This presumption can be overcome by clear and
convincing evidence to the contrary.
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 waste except
in accordance with all applicable 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, including
leaf waste, within the municipality except in accordance with all
applicable Department rules and regulations adopted pursuant to Act
97 and Act 101.
C.
It shall be unlawful for any person to process and/or dispose of
any solid waste in the municipality except in accordance with all
applicable Department rules and regulations adopted pursuant to Act
97 and Act 101.
D.
It shall be unlawful for any person to collect, haul, transport or
remove any solid waste from public or private property within the
municipality without a current, valid license to do so issued by the
Westmoreland County Department of Planning and Development.
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 written approval from the municipality.
F.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the municipality except at any approved and permitted
resource recovery facility under any applicable Department rules and
regulations adopted pursuant to Act 97 and Act 101.
G.
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
of any lead acid battery except by delivery to a secondary lead smelter
permitted by the U.S. 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 minimum standards for the storage of municipal waste set forth
in the Department's Title 25, Chapter 285, Subchapter A, Regulations
for the Storage of Municipal Waste.
A.
All households and homeowners shall utilize the services of a licensed
collector of their choice for disposal of their domestic waste or
household waste, unless they can demonstrate that the waste is properly
disposed in a manner consistent with this article and all applicable
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.
All licensed collectors and licensed waste haulers shall comply with
the minimum standards for collection and transportation of municipal
waste set forth in the Department's Title 25, Chapter 285, Subchapter
B, Regulations for Collection and Transportation of Municipal Waste.
C.
All municipal waste collected within the municipality shall only
be conveyed or transported to the Waste Management Imperial Landfill
or the Valley Landfill, which is the county-designated disposal facility
selected by the municipality pursuant to the approved Municipal Waste
Management Plan for Westmoreland County by the applicable Upper Burrell
Township resolution.
No person shall collect, remove, haul, or transport any solid
waste upon or through any streets or alleys of the municipality without
first obtaining a license from the Westmoreland County Department
of Planning and Development pursuant to the requirements of the applicable
Westmoreland County ordinance.
The municipality may petition the Court of Common Pleas 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 summary offense which is punishable
by a fine of not more than $1,000, or in default of payment of such
fine, then by imprisonment for a period of not more than 90 days,
or both. Each day of violation shall be considered a separate and
distinct offense.
