The accumulation, collection, removal and disposal of solid
waste must be controlled by the Township of Hempfield for the protection
of the public health, safety and welfare. The Board of Commissioners
of the Township of Hempfield find that to give effect to this policy,
a comprehensive system for the periodic collection, removal, disposal
and recycling of solid waste from all premises in the Township of
Hempfield.
This chapter shall be known as the Solid Waste and Recycling
Ordinance of the Township of Hempfield.
The following words, when used in this chapter, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise. In this article, the
singular shall include the plural and the masculine shall include
the feminine and the neuter.
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980) (See 35 P. S. § 6018.101 et seq.,
as amended).
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act (SB 528, Act 1988-101, July 1988) (See 53 P.S.
§ 4000.101 et seq., as amended).
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of two metals
such as steel and aluminum or steel and tin.
Large items of solid waste, including, but not limited to,
appliances, furniture, large auto parts, trees, branches or stumps,
which may require special handling due to their size, shape or weight.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
Events that are sponsored by public or private agencies or
individuals, which include but are not limited to fairs, bazaars,
socials, picnics and organized sporting events attended by 200 or
more individuals per day.
Solid waste resulting from the construction or demolition
of buildings and other structures, including, but not limited to,
wood, plaster, metals, asphaltic substances, bricks, block and unsegregated
concrete. The term does not include the following if they are separate
from other waste and are used as clean fill:
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
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.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulb, blue glass and porcelain and ceramic products.
Bond, copier, letterhead or mimeograph paper typically sold
as "white ledger" paper and computer paper.
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 from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Any properties having four or more dwelling units per structures.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, township,
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. The term does not include source-separated recyclable
materials.
The Township of Hempfield, Westmoreland County, Pennsylvania.
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.
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 or 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 empty plastic food and beverage containers accepted by
the hauler. Due to the wide variety of types of plastics, the municipality
may stipulate specific types of plastic which may be recycled.
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.
Materials generated by residences and commercial, municipal
and institutional establishments which 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, leaf waste, plastics, and other items selected by the municipality
or specified in future revisions to Act 101[1] The recyclable materials selected by the municipality
may be revised from time to time as deemed necessary by the municipality.
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 as 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
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 discharged as useless.
Any occupied single or multifamily dwellings having up to
four dwelling units per structure for which the municipality provides
municipal waste collection service.
Any garbage, refuse, other discharged material or other waste,
including solid, liquid, semisolid, or contained gaseous materials,
resulting from industrial, mining or agricultural water supply treatment,
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 (See
52 P. S. § 30.51, et seq.). Residual waste shall not include
treatment sludges from coal mine drainage treatment plants, disposal
of which is being carried on pursuant to and in compliance with a
valid permit issued pursuant to the Act of June 11, 1937 (P.L. 1987,
No. 394), known as the Clean Streams Law (See 35 P.S. § 691.1
et seq.).
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. The term also includes any facility for the combustion
of municipal waste that is generated off site, whether or not the
facility is operated to recover energy. The term does not include:
any composting facility; methane gas extraction from a municipal waste
landfill; any separation and collection center, drop-off point or
collection center for recycling, or any source separation or collection
center for composting leaf waste; and any facility, including all
units in the facility, with a total processing capacity of less than
50 tons per day.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any coarse screenings, grit and dewatered or air-dried sludges
from sewage treatment plants and pumpings from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97,[2] as amended.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid, or contained
gaseous material. The term does not include coal ash or drill cuttings.
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. It shall be presumed
that the containment of any waste in excess of one year constitutes
disposal. The presumption can be overcome by clear and convincing
evidence to the contrary.
A facility which receives and processes or temporarily stores
municipal or residual waste at a location other than the generation
site, and which facilitates the transportation or transfer of municipal
or residual waste to a processing or disposal facility. The term includes
a facility that uses a method or technology to convert part of all
such waste materials for off-site reuse. The term does not include
a collection or processing center that is only for source-separated
recyclable materials, including clear glass, colored glass, aluminum,
steel and bimetallic cans, high-grade office paper, newsprint, corrugated
paper and plastics.
