Township of Unity, PA Chapter 62 Garbage and Refuse

[HISTORY: Adopted by the Board of Supervisors of the Township of Unity as indicated in article histories. Amendments noted where applicable.]

Article I General Provisions

[Adopted 1-19-1958 by Ord. No. 11958]

§ 62-1 Definitions and word usage.

A. Definitions. The following words, as used in this article, shall have the meanings ascribed thereto, unless the context clearly indicates a different meaning:

GARBAGE

All table refuse, animal and vegetable matter, offal from meat, fish and fowl, vegetables and parts thereof and other articles and materials ordinarily used for food which have become unfit for such use or which are for any reason discarded.

PERSON

Any natural person, association, partnership, firm, corporation or municipal corporation.

REFUSE

All other discarded articles or materials, except sewage and garbage as defined herein. For purposes of this article, "refuse" shall be deemed to include, but not be limited to, combustible and noncombustible waste materials, the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, cut logs or timber (except those intended for use as a source of heat or comfort in a residence on the property in which they are located), yard trimmings, tin cans, metals, mineral matter, engine parts, rims, tires, wheels or other materials used in the repair of any motor vehicle of any kind, glass, crockery and dust and other similar materials.

[Amended 2-14-2008 by Ord. No. O-6-08]

B. Word usage. In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 62-2 Deposit of refuse on public or private property prohibited.

It shall be unlawful for any person to cast, place, discard or deposit, or to cause or permit to be cast, placed, discarded or deposited, any garbage and refuse in or upon any public street, public highway, public or private alley, public or private property, watercourse or any other public or private places in the Township.

§ 62-3 Landowner not to dump or accumulate garbage.

No owner of land within the Township shall dump, deposit or accumulate garbage or refuse upon his land, nor shall such owner permit, acquiesce or allow any person to dump, deposit or accumulate garbage or refuse upon his land.

§ 62-4 Use of another's land for waste disposal prohibited.

No person shall use the land of another as a waste disposal area or for the dumping, depositing or accumulation of garbage or refuse, whether the same is public or private property within the Township.

§ 62-5 Waste disposal area on private property prohibited.

No person shall permit the use of his land as a waste disposal area or for the dumping, depositing or accumulation of garbage or refuse, whether the same is public or private property within the Township.

§ 62-6 Designation of public dumps.

The Board of Supervisors shall designate what private or public property in Unity Township may be used as public dumps and issue licenses for the same as well as provide rules and regulations for the operation of the same, and in such event the provisions of the previous sections hereof shall not apply.

§ 62-7 License required for public dump; rules and regulations.

[Amended 4-9-1970]

No public dump or waste disposal area shall be operated until a license has been issued by the Supervisors of Unity Township after application for the same has been made and the necessary permits or licenses have been secured from the appropriate agencies or subdivisions of the commonwealth as provided for by statute, rule or regulation. The following is a list of rules and regulations in regard to operating a waste disposal area in Unity Township, Westmoreland County, Pennsylvania:

A. The Supervisors shall issue a license for a period of one year only. Such license shall be for a twelve-month period beginning with the date of the issuance of the license and continuing for 12 months therefrom.

B. All licenses shall be issued upon application in writing.

C. Such application shall state that a bond in the amount of at least $2,000 shall be furnished; this amount may be increased at the discretion of the Board of Supervisors if it feels that conditions demand such increase.

D. Such letter of application shall evidence the agreement to furnish public liability insurance in the amount of $100,000/$300,000.

E. Such application shall evidence and shall be accompanied by the issuance of a permit by the Pennsylvania Department of Mines and Industries and such other agencies of the commonwealth as may be required.

F. The fee for the issuance of such license shall be in an amount as shall be set forth in a resolution duly adopted by the Board of Supervisors of Unity Township. This fee shall accompany the application.

[Amended 10-12-2000 by Ord. No. O-6-00]

G. The location of such fill shall be at the discretion of the Board of Supervisors, and it shall be authorized to make rules and regulations as to the location of such fill in relation to roads and buildings with respect to feet and particularly situation, but in no case shall said Board make it a lesser number of feet than as set forth in the Department of Mines application and permit.

H. All exposed coal shall be covered with from four to six feet of clay so as to eliminate the hazard of an underground fire.

I. The dumping of explosive materials, liquid or semiliquid, is expressly prohibited.

J. No license shall be valid until the required fee accompanying the same has been received by the Secretary for the Supervisors and a receipt issued.

K. No pools of water shall be collected on the waste disposal area that will create a hazard to children.

L. Under no circumstances shall the Supervisors permit an operation to come into being that shall be less than 1,000 feet from the nearest residential or commercial building or less than 250 feet from any road.

M. There shall be no burning of waste on the waste disposal area.

N. There shall be no dumping of waste within 100 feet of any stream, spring or drain.

O. The operator or one of his agents must be in attendance when trash, rubbish, garbage or other similar material is being placed in the sanitary landfill.

P. All of the sanitary landfill requirements stipulated by the State Health Department as to the amount of daily coverage and final covering, the prescribed methods of conducting the landfill and the items which can be salvaged from the refuse, garbage, trash or other similar material shall be followed.

[Amended 4-25-1988 by Ord. No. O-3-88]

Q. The recipient of a license for a landfill shall file with the Supervisors a rate schedule or schedules that are applicable to his landfill, and such shall be approved and agreed to as being reasonable before a yearly permit is issued.

R. No yearly permit for a landfill shall be issued unless and until the person making application has agreed that it shall be opened to the general public as well as for his own use.

S. Such application, in writing, shall state whether the land to be used is owned in fee or under lease.

(1) If such land is leased, then a copy of the lease must be attached.

(2) If such land is owned in fee, a deed volume and page number of the recording of the deed must be attached.

T. A letter or permit from the Westmoreland County Planning Board stating compliance with the rules and regulations of that Board permitting such a location to be used must accompany such application.

U. A Board of Health permit, if such is required, shall also accompany said application.

V. Where a limited type of refuse is included in the application, all permits will be limited to that type of refuse.

W. The Board of Supervisors reserves the right to exclude any type or types of refuse or garbage.

X. All landfills or public dumps shall be regularly treated against infestation by rats.

Y. No refuse or garbage shall be accepted by such landfill other than that which originates in said Township or in a municipal corporation adjacent thereto.

§ 62-8 Cancellation of license.

Any license issued under this article may be canceled by the Supervisors of Unity Township for noncompliance with the rules and regulations laid down by the Township or for noncompliance with the rules and regulations of the Commonwealth of Pennsylvania or any of its agencies, provided that 15 days' notice of the violation has been given and such violation has not been cured or remedied within said 15 days.

§ 62-9 Violations and penalties.

[Amended 6-20-1974; 6-30-1978 by Ord. No. 63078; 2-14-2008 by Ord. No. O-6-08]

A. Any person, firm, corporation or other entity which violates any term or provision of this article shall be guilty of a summary offense and, upon conviction thereof before a court of competent jurisdiction, be subject to a fine of not less than $300 nor more than $1,000 and, upon default in the payment of same, be subject to the maximum period of incarceration permitted for summary offenses. In the event a summary citation is issued hereunder, each day that a violation continues after such citation is filed shall be deemed a separate offense without the necessity of the issuance of subsequent citations and shall subject the property owner to a separate fine for each day a violation continues in effect.

B. Further action by Township.

(1) The Code Enforcement Officer shall have the power to institute an appropriate action or proceeding at law to exact the penalty provided above for any act, failure to act or action taken in violation of this article. In addition, the Township may proceed with an action, at law or in equity, against the person responsible for the violation for the purpose of ordering or directing that person:

(a) To restrain, correct or remove the violation or refrain from any further accumulation of any garbage or refuse;

(b) To prevent the occupancy of any structure or property that is not in compliance with the provisions of this article; and

(c) To abate, repair or correct conditions on the property which constitute violations of the ordinance and restore the remaining property to a safe condition.

(2) The remedies provided under this article shall be cumulative. The pursuit of one remedy shall not be deemed or construed to preclude the Township from pursuing any other.

C. In the event any person, corporation, entity or firm directed by the Township fails to correct any violation of this article after any receipt of a notice by the Township to do so, then the Township may, at its discretion, enter onto such property to correct the violation thereupon.

D. In the event the Township takes any action to correct, remove or abate any condition or violation of this article and incurs any cost or expense in doing so and/or utilizes Township resources in same, then the Township may, at its discretion, pursue any remedy available to recover such cost or expense, or the value of the Township resources utilized, from the owner of the property, or any individual, firm, corporation or entity responsible for the condition of the property, at law or in equity, including, but not limited to, the filing of an action in assumpsit or a municipal claim against the property. Any judgment obtained or claim entered against the owner of the property, or any individual, firm, corporation or entity responsible for the condition of the property, shall bear interest at the maximum rates permitted by statute or rule of court applicable to same.

E. In addition to the foregoing penalties and the recovery and payment of any costs or expenses set forth herein, any person, corporation, entity or firm found to be in violation of the terms of this article and article shall be required to pay all costs and expenses and legal fees incurred by the Township in the prosecution of any summary proceeding and/or the pursuit of any action at law or in equity to enforce the terms of this article.

[Added 4-14-2016 by Ord. No. O-1-2016]

Article II Collection of Solid Waste

[Adopted 2-14-2013 by Ord. No. O-2-2013]

§ 62-10 Title.

This Article II of Chapter 62 of the Code of Unity Township shall be known and may be cited as the "Unity Township Solid Waste Management Ordinance."

§ 62-11 Purpose and findings.

A. The Board of Supervisors of Unity Township is vested with power to make and adopt ordinances, rules and regulations not inconsistent with nor constrained by the Constitution and laws of the Commonwealth of Pennsylvania, necessary for the proper management, care and control of the Township and its finances, for the maintenance of peace and good government, for the protection of the health, safety and welfare of the Township and its citizens, and for the promotion of trade and commerce[1] Within the scope of those powers, the Board of Supervisors may prohibit accumulations of ashes, garbage, solid waste and other refuse materials upon private property, including the collection of reasonable fees and charges for the collection, removal and disposal thereof, in a manner authorized by the Pennsylvania Solid Waste Management Act[2] and the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act[3]

[1] Editor's Note: 53 P.S. § 66506.

[2] Editor's Note: 35 P.S. § 6018.101 et seq.

[3] Editor's Note: 53 P.S. § 4000.101 et seq.

B. The Township of Unity is also a Mandatory Recycling Community under the Westmoreland County Municipal Waste Management Plan[4] and is required to report to Westmoreland County on or before February 15 of each year the weight or volume of materials that were recycled by the municipal recycling program in the preceding calendar year[5] The County Plan, and amendments to the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act enacted on September 27, 2006, also require the Township to demonstrate to the commonwealth that it:

(1) Has required, through the enactment of an ordinance, that all residents have waste and recycling service;

(2) Has implemented a residential recycling program and facilitates a commercial recycling program or participates in a similar county or multi-municipal program;

(3) Has a residential and business recycling education program;

(4) Has a program of enforcement that periodically monitors participation, receives complaints and issues warnings for required participants and provides fines, penalties or both in its recycling ordinance;

(5) Provides or participates in a county or multi-municipal program or facilitates a private sector program for the recycling of special materials;

(6) Sponsors a program, facilitates a program or supports an organization to address illegal dumping and/or littering problems; and

(7) Has a person or entity designated as a "recycling coordinator" who is responsible for recycling data collection and reporting recycling program performance in the Township (Westmoreland County Municipal Waste Management Plan, Section 2.4).

[4] Editor's Note: As adopted by the Board of Commissioners of Westmoreland County pursuant to the terms of the aforesaid the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act in 1990 and amended in 2008.

[5] Editor's Note: 53 P.S. § 4000.304(f).

C. The Township has not yet passed an ordinance making solid waste collection mandatory. As such, the Township is currently serviced by multiple garbage collectors who collect solid waste from residential, industrial and commercial properties without coordination by the Township. This has resulted in a lack of uniformity in collection services, the inability of the Township to ensure that solid waste is being properly disposed of by property owners, the inability to regulate or control illegal dumping and/or disposal of solid waste and the inability to ensure that recycling programs are being properly administered.

[Amended 5-9-2013 by Ord. No. O-5-2013]

D. Accordingly, the Township finds that requiring each residential, industrial and commercial property owner to provide for the removal and disposition of solid waste and recyclables from their properties by a collector licensed by the Commonwealth of Pennsylvania and disposed of at a facility authorized by the Commonwealth of Pennsylvania, the establishment of a program for mandatory collection of solid waste and recyclables, and the coordination of collection services through a program administered through the Township, is (1) necessary to comply with the Westmoreland County Municipal Waste Management Plan as well as amendments to the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act and (2) necessary for the continuing protection of the public health, safety and welfare.

E. The Township has both the power and the duty to (1) ensure the proper and adequate transportation, collection and storage of municipal waste generated within its boundaries and (2) adopt and implement programs for the collection and recycling of municipal waste or source-separated recyclable materials[6]. The Township is also vested with the authority to adopt resolutions, ordinances, regulations and standards for the recycling, transportation, storage and collection of municipal wastes and/or source separated materials (recyclables) which are not less stringent with, nor in violation of or inconsistent with the Pennsylvania Solid Waste Management Act, and the regulations promulgated pursuant thereto[7].

[6] Editor's Note: 53 P.S. § 4000.304(a).

[7] Editor's Note: 53 P.S. § 4000.304(b)(1).

F. The Township is also authorized to enter a contract with a single collector responsible for the collection or transportation of municipal waste generated within the Township[8] and may contract with any person or collector to carry out its duties for the recycling, transportation, collection and storage of municipal waste and source-separated recyclable materials if the recycling, transportation, collection or storage activity is conducted or operated in a manner consistent with the Solid Waste Management Act, the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act and the regulations promulgated pursuant thereto. In the event a contract is entered, such person may be considered to be jointly and severally responsible with the Township when carrying out its duties for the transportation, collection or storage activities[9].

[8] Editor's Note: 53 P.S. § 4000.304(e).

[9] Editor's Note: 53 P.S. § 4000.304(c).

G. Accordingly, to ensure the proper collection, transportation and disposition of solid waste and recyclables within the Township, and consistent with the interests of good government and the promotion of trade and commerce within the Township, the Board of Supervisors desires to adopt this article to authorize and require the collection of all solid waste, other refuse materials and recyclable materials within the Township by any person, entity, corporation or firm licensed by the Commonwealth of Pennsylvania to do so, or, in the alternative, authorize the collection of solid waste and recyclables through a single licensed collector.[10]

[Amended 5-9-2013 by Ord. No. O-5-2013]

[10] Editor's Note: Former definition of "registered collector," which immediately followed this definition, was repealed 5-9-2013 by Ord. No. O-5-2013.

H. To properly ensure that each residential and commercial property complies with the mandatory collection provisions imposed by this article, and to aid and assist in the enforcement of the article with respect to same, the Board of Supervisors believe it is proper for each licensed collector providing services within the Township to confirm, upon request, the names and addresses of all property owners receiving collection services from such collector and report the termination of such service as:

[Amended 5-9-2013 by Ord. No. O-5-2013]

(1) Confirming the names and addresses of those individuals receiving services will assist and enable the Township to create and maintain a Township-wide database to ensure that all properties are under agreement with a licensed collector for the removal of solid waste and recyclables from their property; and

(2) Providing notice that service has been terminated to a property or property owner will enable the Township to follow up with the property owner to determine (i) whether they have a valid agreement for collection services with a licensed collector, or (ii) are otherwise in violation of the mandatory collection provisions of this article; and

(3) Confirming service will enable the efficient enforcement of the article.[11]

[11] Editor's Note: Former Subsection I, regarding the annual registration of collectors, which immediately followed this subsection, was repealed 5-9-2013 by Ord. No. O-5-2013.

I. In light of the foregoing, it is hereby declared to be the purpose of this article to:

(1) Comply with the Westmoreland County Municipal Waste Management Plan and other applicable laws of the Commonwealth of Pennsylvania;

(2) To coordinate and provide regulations for the storage, collection, transportation, processing and disposal of all solid waste materials and recyclables as herein defined;

(3) To protect the safety, health and welfare of the people of the Township of Unity;

(4) To promote good government, commerce and trade.

J. Upon enactment, this article shall repeal and replace Article II of Chapter 62 of the Code of Unity Township in its entirety.

§ 62-12 Definitions.

For the purpose of this article, the following words and phrases shall have the meanings given herein:

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act No. 101, July 28, 1988)[1]

ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P L 380, No. 97, July 7, 1980) [2]

AGRICULTURAL WASTE

Poultry and livestock manure, or residual materials in liquid or solid form, generated in the production, and marketing of poultry, livestock, fur-bearing animals and their products, provided such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting, and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests, or other agricultural lands, and shall include brush and stumps.

ASHES

The residue resulting from the burning of wood, coal or other combustible materials. This definition excludes ashes resulting from industrial processes.

BIMETAL CONTAINERS

Empty food or beverage containers consisting of steel and/or aluminum.

BOARD or BOARD OF SUPERVISORS

The elected or appointed members of the Board of Supervisors of the Township of Unity, Westmoreland County, Pennsylvania.

BULKY WASTE

Large items of refuse, including, but not limited to, appliances, furniture and large trees and branches which require collection in other than conventional compactor refuse collection vehicles.

COMMERCIAL PROPERTIES

All properties used for industrial or commercial purposes, and multiple-dwelling residential buildings or developments with central waste collection systems provided by the owner or landlord. For purposes of this article, a commercial property shall include, but not be limited to, any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.

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.

COMPOSTING

The storage of vegetable wastes on the property where they were generated, for the purpose of creating aerobic digestion and returning organic nutrients to the soil.

CONSTRUCTION AND DEMOLITION WASTE

All municipal and residual waste building materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.

CONTAINER

Any can, mechanical bin, box or disposable container used for storage of refuse.

CORRUGATED PAPER

Structural paper material with an inner core shaped in rigid parallel furrows and ridges.

DEAD ANIMALS

Those animals that die naturally from disease or are accidentally killed. Condemned animals or parts of animals from slaughterhouses or similar places are not included in this term but are regarded as industrial refuse.

DEPARTMENT

The Pennsylvania Department of Environmental Protection.

DETACHABLE CONTAINER or MECHANICAL BIN

Any metal container which may be mechanically lifted and emptied into the collection vehicle.

DISPOSAL

Storage, collection, disposal or handling of garbage and recyclable materials. For purposes of this article, the term "disposal" shall include, but not be limited to, the incineration, deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.

DISPOSAL SITE

A site, location, tract of land, area or premises used or intended to be used for solid waste disposal.

DOMESTIC WASTE or HOUSEHOLD WASTE

Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.

DUMP

A site for the consolidation of waste from one or more sources which has little or no management.

DWELLING

A place of residence of one or more persons within the Township of Unity where refuse is generated through normal living habits, regardless of whether the occupancy for residential purposes is on a full-time or part-time basis. For purposes of this article only, a "dwelling" shall not be deemed to include apartments or buildings devoted to multiple-family occupancies.

FARM PROPERTY

A parcel or parcels of land devoted to agriculture; either to raising crops, livestock, poultry or pasture.

GARBAGE

Animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. It does not include wastes from industrial processing or manufacturing of food products, bodies of dead animals or human or animal excrement. For purposes of this article, the term "garbage" shall include, but not be limited to, 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.

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/or ceramic products.

GOVERNING BODY

The elected officials constituting the Board of Supervisors of the Township of Unity.

HAZARDOUS WASTE

Any solid waste or combination of solid wastes, as defined in Act 97 or 101 which, because of its quantity, concentration or physical, chemical, or infectious characteristics, may: (1) cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. For purposes of this article, "hazardous waste" does not include small quantities of such waste available on a retail basis to the homeowner (e.g., aerosol cans, pesticides, fertilizers, etc.).

HIGH GRADE OFFICE PAPER

All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and/or residences.

INCINERATOR

Any device used for the burning of solid waste where the factors of combustion, i.e., temperature, retention time, turbulence and combustion air, can adequately be controlled.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.

INSTITUTIONAL ESTABLISHMENTS

Those facilities which house or serve groups of people, including, but not limited to, hospitals, nursing homes, orphanages, churches, day-care centers, schools and universities.

LEAD ACID BATTERIES

Any battery that contains lead, including, but not limited to, automotive, truck and industrial batteries.

LEAF WASTE

Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings. Leaf waste does not include grass clippings, magazines or periodicals.

LICENSED COLLECTOR

Any person, firm, copartnership, association or corporation who is licensed by the Commonwealth of Pennsylvania for the collection, transportation and/or disposal of solid waste.

[Added 5-9-2013 by Ord. No. O-5-2013]

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 Acts 97 or 101 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include any source-separated recyclable materials or material approved by the PADEP for beneficial use. For the purposes of this article, the term "municipal waste" shall not include infectious and chemotherapeutic waste since all haulers of infectious and chemotherapeutic waste are licensed and regulated by the PADEP under special regulations.

MUNICIPAL WASTE LANDFILL

Any facility that is designed, operated and maintained for the disposal of municipal waste and permitted by the PADEP for such purposes.

MUNICIPALITY

The Township of Unity, Westmoreland County, Pennsylvania, acting through its duly elected Board of Supervisors, or their appointed employees.

OPERATOR

Any person who manages any solid waste storage, transfer, processing or disposal operation.

PERSON

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.

PROCESSING

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, sludge treatment facilities and resource recovery facilities.

PUTRESCIBLE MATERIAL

Material rapidly decomposable by microorganisms, which may give rise to foul-smelling, offensive products during such decomposition or which is capable of attracting or providing food for birds and potential disease vectors such as rodents and flies.

PUTRESCIBLE WASTE

Waste containing putrescible material.

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 reused as a resource for the development of useful products. "Recyclable materials" may include, but shall not be limited to, those materials specified by the Township for separate collection in accordance with those recycling regulations set forth in Chapter 93, Recycling, of the Code of Unity Township, as well as clear glass, colored glass, aluminum, steel and bimetal or bimetallic cans, high grade office paper, newsprint, corrugated paper, leaf waste, plastics and any other items designated by the Township or specified in future revisions to Act 101. Those recyclable materials designated by the Township for recycling may be revised from time to time by resolution of the Board of Supervisors as they deem necessary.

RECYCLING

The separation, collection, processing, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as solid waste pursuant to Chapter 93, Recycling, of the Code of Unity Township, or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials.

REFUSE

All solid waste materials which are discarded as useless.[3]

RESIDENCES or RESIDENTIAL PROPERTIES

Any occupied single-family or multifamily dwelling for which waste collection is provided on an individual unit basis. Multiple-dwelling residential buildings or developments for which waste is disposed of by a common solid waste collection system provided by the owner or landlord, shall be treated as a commercial property.

RESIDUE

Solid materials remaining after burning, including, but not limited to, ashes, metals, glass, ceramics and unburned organic substances.

RUBBISH

All nonputrescible municipal waste except garbage, nonrecyclable glass, metal, plant growth, or plastic and noncombustible plant material, wood and other decomposable matter. For purposes of this article, the term "rubbish" shall include, but not be limited to, ashes, bedding, cardboard, cans, crockery, paper, wood and yard cleanings.

SALVAGE OPERATION

Any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including, but not limited to, automobiles, metals, chemicals, shipping containers or drums.

SALVAGING

The controlled removal of reusable materials at a salvage operation.

SANITARY LANDFILL

A Pennsylvania Department of Environmental Resources approved method of disposing of refuse on land without creating nuisances or hazards to the public health or safety. This is done by confining refuse to the smallest practical volume and covering it with a layer of earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary.

SCAVENGING

The unauthorized and uncontrolled removal of material stored or placed at a point for subsequent collection or from a solid waste processing or disposal facility.

SEWAGE TREATMENT RESIDUES

Any coarse screenings, grit and de-watered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Acts 97 and 101.

SOLID WASTE

Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.

SOURCE-RELATED RECYCLABLE MATERIALS

Those materials separated at the point of origin for the purpose of being recycled.

STORAGE

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.

SUPERVISORS

The duly elected or appointed Board of Supervisors of Unity Township, Westmoreland County, Pennsylvania.

TOWNSHIP

The Township of Unity, County of Westmoreland, Commonwealth of Pennsylvania.

TRANSFER STATION

Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles. For purposes of this article, a "transfer station" shall also mean any fixed facility used for receiving refuse from collection trucks and placing it in large-volume, long-haul vehicles.

TRANSPORTATION

The off-site removal of any solid waste at any time after generation.

TRASH or WASTE

A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. This term does not include source-separated recyclable materials or materials approved by the Pennsylvania Department of Environmental Resources for Beneficial Use.

UNAUTHORIZED COLLECTOR

Any person, firm, agency or public body or any employee or agent thereof who engages in the collection and/or transportation of solid waste without being licensed by the Commonwealth of Pennsylvania to do so.

[Amended 5-9-2013 by Ord. No. O-5-2013]

YARD WASTE

Prunings, grass clippings, weeds, leaves and general yard and garden wastes.

In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.

[1] Editor's Note: See 53 P.S. § 4000.101 et seq., as amended from time to time.

[2] Editor's Note: See 35 P.S. § 6018.101 et seq., as amended from time to time.

[3] Editor's Note: Former definition of "registered collector," which immediately followed this definition, was repealed 5-9-2013 by Ord. No. O-5-2013.

§ 62-13 Responsibility for removal.

The Unity Township Board of Supervisors shall be responsible for the administration of solid waste removal within the Township.

§ 62-14 Powers and duties of the Township.

The Unity Township Board of Supervisors may adopt rules and regulations for the disposal of solid waste and recyclable materials consistent with the Act 97, Act 101 and the Westmoreland County Municipal Waste Management Plan. Consistent with same, the Township may:

A. Provide municipal solid waste collection, storage, transportation and disposal services and/or approve and regulate the establishment, maintenance and operation of private solid waste collection, storage, transportation and disposal services.

B. Aid and assist the Commonwealth in the application and enforcement of rules and regulations pertaining to solid waste management.

C. Adopt, issue and enforce such local rules and regulations pursuant to this article as are necessary to implement and to carry out its intent and purpose.

D. Enforce this article by issuing warning notices and initiating proceedings against violators of this article and its appurtenant rules and regulations.

§ 62-15 Duty of property owners and occupants.

[Amended 5-9-2013 by Ord. No. O-5-13]

A. Limitation on time for accumulation. No person shall permit any solid waste to accumulate for a period of longer than seven days upon property owned or occupied by said person in the Township.

B. Mandatory collection on residential properties by licensed collectors. Owners and occupants of residential property are hereby required to make accumulated solid waste and recyclables available for collection pursuant to the terms of this article. All solid waste accumulated on any residential property in the Township shall be collected, conveyed and disposed of by the Township or by a licensed collector in accordance with the provisions of this article; recyclable materials shall be collected, conveyed and disposed of pursuant to the terms of this article and the terms of Chapter 93 hereafter.

C. Mandatory collection on commercial and institutional properties by licensed collectors. All solid waste accumulated on commercial and institutional properties shall be collected, conveyed and disposed of by the municipality, or by a licensed collector in accordance with the provisions of this article. It shall be unlawful for any person to collect and dispose of any solid waste within the Township except as provided in this article.

§ 62-16 Prohibited activities.

A. Accumulations of solid waste prohibited. It shall be unlawful and a violation of this article for any person to accumulate or permit to accumulate upon any public or private property within the Township, any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provision of this article, and any Department rules and regulations adopted pursuant to Act 97 and Act 101.

[Amended 5-9-2013 by Ord. No. O-5-2013]

B. Accumulations of solid waste in excess of seven days. The failure of any person, partnership, corporation, entity or firm to make provisions for the collection of solid waste through a licensed collector under this article for a period in excess of seven days shall be a violation of this article and subject the violator to those penalties set forth hereafter.

[Added 5-9-2013 by Ord. No. O-5-2013]

C. Burning solid waste. It shall be unlawful and a violation of this article for any person to burn any solid waste, recyclables or other materials regulated by this article, within the Township.

D. Alternative disposal prohibited. It shall be unlawful and a violation of this article for any person to dispose of any solid waste or recyclables in the Township except in accordance with the provisions of this article and any rules of the Township of Unity, Westmoreland County or Department rules and regulations adopted pursuant to Acts 97 and Act 101.

E. Hauling or transporting. It shall be unlawful and a violation of this article for any person to haul, transport, collect or remove any solid waste from public or private property within the Township unless the ultimate disposal of such material complies with the requirements of the Westmoreland County Municipal Waste Plan.

F. Scavenging. It shall be unlawful and a violation of this article for any person to scavenge any materials from any solid waste or recyclables stored or deposited for collection within the Township without prior approval by the Township.

G. Reclamation of solid waste. It shall be unlawful and a violation of this article for any person to salvage or reclaim any solid wastes within the Township except at an approved and permitted resource recovery facility under Acts 97 and Act 101, and any Department rules and regulations adopted pursuant to these acts. It shall likewise be unlawful and a violation of this article for any person to salvage or reclaim any solid wastes except at a properly permitted facility in which salvage is an integral plan of operation.

H. Deposits on public or private property. It shall be unlawful and a violation of this article for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the Township except as provided in the chapter.

I. Lead acid batteries. It shall be unlawful and a violation of this article for any person to mix or place a used lead acid battery in with municipal solid waste, and/or to discard, or otherwise dispose of a lead acid battery except by delivery to an automotive battery retailer or wholesaler, to a secondary lead smelter permitted by the Environmental Protection Agency, or to a collection or recycling facility authorized under the laws of this commonwealth.

J. Leaf and plant waste. It shall be unlawful and a violation of this article for any municipal waste landfill to accept for disposal, and any resource recovery facility to accept for processing other than composting, truckloads composed primarily of leaf waste or plant waste.

K. Use of covered receptacles. It shall be unlawful and a violation of this article to keep or store solid waste of any kind upon any property or structure within the Township unless same is stored in covered receptacles as set forth hereafter.

L. Storage creating a nuisance. It shall be unlawful and a violation of this article to retain or accumulate solid waste to the extent it constitutes a menace to the public health and safety and/or a nuisance. For purposes of this article, a menace to the public health and safety and/or a nuisance is deemed to exist when:

(1) More than seven days have elapsed after such solid waste was originally retained, accumulated or permitted to accumulate; or

(2) The retained solid waste becomes obnoxious or offensive by reason of dust or odor, regardless of the length of time it is accumulated; or

(3) The retained solid waste attracts insects or vermin regardless of the length of time it is accumulated.

M. Explosive materials prohibited. It shall be unlawful and a violation of this article to place any volatile liquids, explosives, radioactive material or containers which may explode upon coming into contact with heat or fire for collection, except small (retail-sold) spray cans which have been emptied of their contents.

N. Hazardous waste prohibited. It shall be unlawful and a violation of this article to store or place any hazardous waste for collection on residential properties except for small quantities of those products designed for normal household purposes and available to the homeowner through retail sales.

O. Commonwealth license required. It shall be unlawful and a violation of this article for any person to collect, haul, transport or otherwise dispose of any municipal or other solid waste from any property within the Township without having (1) a license from the Commonwealth of Pennsylvania and (2) registering with the Township to do so.

P. Animal consumption. It shall be unlawful and a violation of this article to make garbage available for animal consumption unless such refuse has been heat-treated to kill any disease agent therein.

Q. Open dumps. It shall be unlawful and a violation of this article for any person to use, maintain or operate an open dump.

R. Joint and several responsibilities. The owner and occupant of any premises within the Township of Unity shall be jointly and severally responsible for the sanitary condition of the premises they own and/or occupy. It shall be unlawful and a violation of this article for any person to place, deposit or allow to be placed or deposited on their premises any solid waste, or to keep, burn or suffer to remain on their premises or any private property any refuse, noxious liquids or other offensive waste or materials, or to cast the same upon any lot or piece of ground belonging to the Township of Unity, or upon any highway, street or alley, or upon the shores or margins or in any of the streams within the Township of Unity, or so near the limits thereof as to annoy or be offensive. Any violation of this section is hereby declared to be a public nuisance and the person violating the same, in addition to paying the fine and costs imposed for the violation thereof, shall pay any and all costs and expenses for the removal of same.

§ 62-17 Standards and regulations for storage prior to collection.

A. Manner of storage. The storage of all solid waste shall be practiced in a manner that prevents the attraction, harborage or breeding of insects or rodents, and eliminates conditions that are (1) harmful to the public health or (2) create safety hazards, odors, unsightliness or public nuisances.

B. Secured containers. Any person producing municipal waste subject to collection under this article shall provide a sufficient number of secure containers to store all waste materials generated between regularly scheduled collections and shall place and store same therein.

C. Preparation standards. Any person storing municipal waste for collection shall comply with the following preparation standards:

(1) All municipal waste shall be drained of free liquids before being placed in storage containers.

(2) All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.

(3) All cans, bottles or other food containers should be rinsed free of food particles and drained before being place in storage containers.

(4) Garden clippings and tree trimmings that are placed for collection shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, not more than two feet in diameter and not more than 40 pounds in weight. Such materials may also be composted by the municipality and/or by the property owner.

(5) Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.

(6) When specified by the Township, special preparation and storage procedures may be required to facilitate the collection and resource recovery (recycling) of certain waste materials.

D. Storage containers. All municipal waste shall be stored in containers approved by the Township and any licensed collector. Individual containers and bulk container's utilized for storage of municipal waste shall comply with the following standards:

[Amended 5-9-2013 by Ord. No. O-5-13]

(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 leak-proof, weather-proof, 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 the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of not more than 30 gallons and a loaded weight of not more than 35 pounds.

(5) All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.

E. Storage standards. Any person storing municipal waste for collection shall comply with the following storage standards:

(1) Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.

(2) Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.

(3) Containers shall be used and maintained so as to prevent public nuisances.

(4) Containers that do not conform to the standards of this article or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner.

(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. No owner shall permit garbage, trash or other materials subject to collection or recycling under this article to blow, migrate or otherwise be deposited onto a public street, road or right-of-way or onto the property of others.

(7) Bulk waste items, such as furniture, automobile parts, machinery, appliances, and tires, shall be stored in a manner that will prevent (a) the accumulation or collection of water, (b) the harborage of rodents, and (c) the creation of safety and/or fire hazards.

F. Multifamily and commercial establishments. 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 authorized collector and are subject to approval by the municipality.

G. Placing garbage out for collection. No person shall place garbage or rubbish out for collection more than 24 hours prior to the time scheduled for collection.

H. Location of containers. When mechanical bins or detachable containers are in use, they shall be placed in locations easily accessible to the collection vehicle.

I. Ashes. Ashes shall be placed in separate, fire-resistant containers prior to disposal.

J. Recycling bins. Bins for the storage of recyclable materials may be obtained from the Township. All bins issued by the Township for recyclable collection under prior ordinances, and all bins issued under this article or Chapter 93, Recycling, hereafter, shall be and remain the property of the Township for use in its recycling program.

K. Other disposal agreements. The Township and licensed collector may provide for the collection of other solid waste that cannot be disposed of in bags or containers consistent with the terms of this article by agreement. If such collection services are provided, the terms and charges for same shall be set forth in such agreement.

§ 62-18 Requirements for licensed collectors.

[Amended 5-9-2013 by Ord. No. O-5-2013]

A. Township collection elections. The Township may make provisions for the collection, transportation and disposal of solid waste and/or recyclables consistent with the laws rules and regulations imposed by the Commonwealth of Pennsylvania and County of Westmoreland.

B. Mandatory collection for households. All household and homeowners shall utilize the residential collection service or services of a licensed collector.

C. Mandatory collections in commercial institutions, etc. All commercial, institutional and industrial establishments shall dispose of all municipal waste through a licensed collector.

D. Collection by licensed collectors. All residential, commercial, institutional and industrial solid waste within the Township shall only be collected, transported and disposed of by a licensed collector.

E. Publication of rate and collection schedules. Any person, corporation, entity or firm licensed by the Commonwealth of Pennsylvania to collect, transport and/or dispose of solid waste may, at their sole and exclusive discretion, submit rate and collection schedules to the Township. Any rate and collection schedule submitted shall contain a date and time at which any rate or rates offered will expire or collection schedules change. The Township shall act as a clearing house for the information submitted. The rate and collection schedules voluntarily submitted by any licensed collector may shall be maintained and published by the Township on the Township's web page and in the Township Municipal Building thereafter.

F. Licensing by commonwealth. All collectors who desire to provide solid waste and recyclable collection services within the Township shall:

(1) Be licensed to perform such services by the Commonwealth of Pennsylvania;

(2) Agree to dispose of all solid waste and recyclables collected in a manner consistent with the Westmoreland County Solid Waste Management Plan and the laws, rules and regulations of the Commonwealth of Pennsylvania; and

(3) Otherwise comply with the terms and procedures of this article.

§ 62-19 Collection requirements.

[Amended 5-9-2013 by Ord. No. O-5-2013]

A. Frequency of collection. All household solid waste shall be collected at least once a week, with the exception of bulky waste and dead animals for which arrangements shall be made in advance with the collector. All institutional, commercial and industrial solid waste shall be collected as often as required by generated volumes and environmental problems, provided, however, that such collection shall not be less than once each week.

B. Collection of recyclables. All recyclable materials shall be collected at such times and in such manner as established pursuant to the terms and provisions of this article or the Unity Township Recycling Ordinance, set forth in Chapter 93, Recycling, of the Code of Unity Township hereafter. The foregoing notwithstanding, recyclable materials shall be collected on the same schedule as solid waste collection and shall be collected not less than once every two weeks. In addition:

(1) The licensed collector shall collect all required recyclable materials regardless of whether there is refuse for collection.

(2) The licensed collector shall not be obligated to collect recyclable materials from persons occupying commercial, municipal or institutional establishments, nor to community activities that have obtained an exemption, in writing, from the Township consistent with Act 101.

(3) The licensed collector shall assist the Township in fulfilling its educational requirements under Act 101 and shall, at a minimum, facilitate same by distributing educational materials at curbside when requested by the Township to do so.

(4) The collector shall provide for the pickup of leaf and/or yard waste on a quarterly basis, with frequencies to be determined by agreement between the collector and Township, and deposit same in a properly designated composting facility.

C. Placement of containers.

(1) Refuse containers shall, for the purpose of collection, be placed at the curb or street line, at ground level, and be made readily accessible to the collector.

(2) Notwithstanding provisions of this article, residential property owners, commercial establishment or other persons may, by mutual agreement with collectors, be permitted to place containers at a location on their property other than as specified in Subsection C(1) above.

(3) Collections shall be made from all properties throughout the Township from a designated street. This shall include all streets, regardless of whether they dedicated, undedicated, public, private or otherwise, and shall include those streets that are temporarily closed for repairs or construction. In the latter case, special collection points shall be designated by the Township if the condition of the street would prevent access thereto by the collector's truck.

D. Collection schedules. The collector shall collect solid waste throughout the Township on schedules developed by the collector.

E. Holidays. The terms and provisions of this article notwithstanding, solid waste collection shall not take place on the following holidays: January 1 (New Year's Day), the last Monday in May (Memorial Day), July 4 (Independence Day), the first Monday in September (Labor Day), the fourth Thursday of November (Thanksgiving Day) or December 25 (Christmas Day).

F. Hours. Unless extended to a Saturday by a holiday or other occurrence, solid waste collection for residential properties shall be conducted Monday through Friday during hours established by the collector; provided, however, that no collection, hauling or transporting of solid waste shall be permitted on Sundays. Collection services for nonresidential properties may occur throughout the course of the week based on customer demand.

G. Responsibility for removal. The licensed collector shall assume full responsibility for the removal and ultimate disposition of residential and/or commercial and industrial solid waste from the municipality when such solid waste is placed in proper containers and in the proper locations consistent with the terms and provisions of this article.

H. Collection and transportation standards. Licensed collectors shall comply with the following standards and regulations:

(1) All municipal waste collected within the municipality shall be conveyed by the licensed collector to a processing facility permitted by the PADEP, or to a disposal site designated in the approved Westmoreland County Municipal Waste Management Plan.

(2) Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Acts 97 and 101, and any Department regulations adopted pursuant of Act 97 and Act 101.

(3) All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.

(4) Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside littering 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.

(7) All vehicles used for collection of solid waste shall be registered, licensed and inspected pursuant to the rules and regulations of the Commonwealth of Pennsylvania and shall clearly display evidence that such vehicle has current and valid registration, license and inspection certifications issued by the Commonwealth of Pennsylvania at all times such vehicle is in use.

(8) Vehicles and equipment shall not be overloaded to the extent that garbage or trash may spill or drop on the highways or streets. No vehicle or equipment shall leak fluids. All trucks, vehicles and other equipment shall be regularly cleaned, kept in good working condition and shall bear the name and address of the contractor plainly visible on same.

(9) The collector, at the collector's sole cost and expense, shall store all equipment and park all vehicles in appropriate locations approved by the Township. No trucks or equipment may be parked or stored on any street within the Township except during actual collection periods.

§ 62-20 Billings and collector reporting requirements.

[Amended 5-9-2013 by Ord. No. O-5-2013]

A. Billing and payment of collection charges. All charges for the collection of solid waste shall be billed by the collector directly to the residents of the Township of Unity or the commercial or industrial establishments serviced thereby. All service costs shall be paid by such residents, commercial or industrial establishments directly to the licensed collector.

B. Collection of delinquent service fees. The collector shall be responsible for the collection of any delinquent payments from customers provided that the methods to be employed for such collections, and any additional charges, penalties and/or interest incurred in the collection process, are permitted by and consistent with federal and Pennsylvania law governing same.

C. Notice of service terminations to Township. In order to assist in the enforcement of the mandatory collection provisions of the article, each collector shall notify the Township of all service terminations within 10 days of same. Such notice shall be in writing and contain the name and address of the person whose service has been terminated, regardless of the reason for termination.

D. Reporting of solid waste and recyclable collections to Township. Consistent with Chapter 93, Recycling, hereafter, each collector shall supply the Township with a report of total tons of waste generated on a monthly basis. The report shall be divided into two parts. Part One shall contain the total amount of solid waste collected and disposed of. Part Two shall contain and describe the total amount of recyclable materials collected and disposed of, broken out by the type of recyclable material collected and the amount attributable to each type. The collector shall also supply any and all other information requested by the Township to enable it to comply with the reporting requirements of Act 101 or otherwise imposed by the Commonwealth of Pennsylvania.

§ 62-21 Storage after collection.

A. Storage at transfer stations. After collection but prior to disposal, solid waste shall be stored only in transfer stations regulated, approved and maintained consistent with the requirements of the Commonwealth of Pennsylvania and County of Westmoreland, except that full or partially full collection vehicles which have made a final pick up for the day may be permitted to retain their loads until they may be stored or deposited at a dump or transfer station on the next day. The foregoing notwithstanding, no such collection vehicle shall be permitted to hold solid waste longer than 24 hours unless same is approved by the Commonwealth of Pennsylvania or County of Westmoreland.

B. Approval of transfer stations by county and commonwealth. A permit must be received from the commonwealth and a copy of same must be forwarded to the Township before the licensed collector's operations commence.

[Amended 5-9-2013 by Ord. No. O-5-2013]

C. Time limitations on transfer station storage. No solid waste shall be stored in any transfer station for more than 48 hours unless same is approved by the Commonwealth of Pennsylvania or County of Westmoreland.

D. Contingency plans. Operators of transfer stations must provide a contingency plan approved by the commonwealth and/or County of Westmoreland, detailing how solid waste will be disposed of when same is unable to be removed from the site within 48 hours because of an emergency.

§ 62-22 Standards and regulations for disposal.

[Amended 5-9-2013 by Ord. No. O-5-13]

A. County and DEP licensed facilities. It shall be unlawful and a violation of this article for any licensed collector to dump, process, destroy, bury or otherwise dispose of solid waste within the jurisdictional limits of the Township except at facilities approved and permitted by the County of Westmoreland and Pennsylvania Department of Environmental Resources.

B. Disposal at DEP permitted landfills. All licensed collectors shall dispose of the solid waste from the Township at a sanitary landfill, incinerator, waste-to-energy plant or other facility approved and permitted by the Pennsylvania Department of Environmental Protection.

C. Compliance with disposal site regulations. All licensed collectors shall adhere to the disposal regulations of each disposal site to which solid waste is taken.

§ 62-23 Processing methods.

A. Processing facilities. All solid waste shall be processed using approved methods in properly permitted facilities, including, but not limited to, incinerators, compost plants and salvage operations which conform to and comply with all applicable laws, ordinances and zoning requirements.

B. DEP approval of processing facilities. All plans and specifications for any processing facility shall be approved by the commonwealth and proof of such approval shall be provided to the Township prior to the construction and/or operation of same. The location and construction of any processing facility shall comply with the provisions of Chapter 118, Zoning, and Chapter 104, Subdivision and Land Development, of the Code of the Township of Unity, the Pennsylvania Uniform Construction Code and all other applicable federal, state and/or local laws, rules or regulations for same.

[Amended 5-9-2013 by Ord. No. O-5-2013]

C. Incinerators. All incinerators shall be operated so that any pollution or emissions from same will not exceed the air quality standards established by the Pennsylvania Department of Environmental Protection established for same.

D. Residues and discards. All residues or discards from any processing facility shall be disposed of at a facility approved and permitted by the Pennsylvania Department of Environmental Protection.[1]

[1] Editor's Note: Former § 62-15, Container and receptacle inspection procedures, which immediately followed this subsection, was repealed 5-9-2013 by Ord. No. O-5-2013.

§ 62-24 Promulgation of additional rules.

The collection of solid waste in the Township and the disposal thereof shall be subject to such other reasonable rules and regulations as may from time to time be promulgated by the Township; provided, however, that no such rules and/or regulations shall be contrary to the provisions of this article or applicable law.

§ 62-25 Agency.

[Amended 5-9-2013 by Ord. No. O-5-13]

Other than as set forth in this article, the Township shall not be deemed to exercise either control over the licensed collector's employees, nor the methods, manner or practices used by the collector in the collection of solid waste or recyclables. Any collector registered with the Township under this article shall be an independent contractor and, notwithstanding the provisions of this article, shall not be deemed or construed as an agent, servant or employee of the Township, and any workman or employee of the collector shall at all times be considered an employee or workman of the collector.

§ 62-26 Violations and penalties; enforcement.

A. Civil penalties.

[Amended 5-9-2013 by Ord. No. O-5-2013]

(1) The failure of any person, corporation, entity or firm to comply with the mandatory collection provisions of this article, or the failure to have a current agreement with a licensed collector for the removal of solid waste from their premises shall be in violation of this article and be subject to civil penalties as follows:

(a) For a first violation, a penalty of $100.

(b) For a second violation within one year, a penalty of $200.

(c) For a third violation within one year, a penalty of $500.

(d) For any fourth or subsequent violation within one year, a penalty of not less than $600 nor more than $1,000.

(2) Any person, corporation, entity or firm who violates any other provision of this article shall be subject to a civil penalty of not less than $300 nor more than $600. Each day that a violation exists shall constitute a separate and distinct violation, subjecting the violating party to a separate civil penalty for each day.

B. Costs, expenses and attorneys' fees. In addition to the foregoing penalties, any person, corporation, entity or firm found liable for a violation of the terms of this article shall be subject to the payment of all costs and expenses incurred in the prosecution of same, including reasonable attorneys' fees. Each violation of any provision of this article, and each day the same is continued thereafter, shall be deemed a separate violation and may be pursued without the necessity of filing daily claims.

C. Optional notices of violation and payment of penalties. In the event civil penalties are pursued under § 62-26A(1) above, the Code Enforcement Officer of Unity Township may, at their sole discretion, send a notice of violation notifying the person responsible that a violation of this article has occurred and provide such person an opportunity to remedy said violation within five days of the date of such notice, by payment of a penalty not to exceed $100 without the necessity of a court proceeding and the imposition of attorney fees and court costs.

[Amended 5-9-2013 by Ord. No. O-5-2013]

D. Cumulative remedies. Nothing in this section shall be deemed or construed to prohibit the Township from pursuing any other remedy, at law or in equity against any person, corporation, entity or firm, including any authorized or unauthorized collector to collect damages resulting from its violation of this article, or to enjoin further violations of this article. The failure of the Township to enforce any violation of this article shall not be deemed or construed as a waiver of its rights to enforce subsequent violations of same.

[Amended 5-9-2013 by Ord. No. O-5-2013[1]]

[1] Editor's Note: This ordinance also repealed former § 62-19, Revocation or Suspension of Registration, which immediately followed this subsection.

§ 62-27 Revocation or suspension of registration.

[Amended 5-9-2013 by Ord. No. O-5-13]

In addition to any penalty or remedy provided herein, the Board of Supervisors may, at any time, and without refund of any part of any fee, suspend or revoke the registration of any licensed collector for any of the following causes:

A. False or misleading statements in the application for registration.

B. Lapse or cancellation of any required insurance coverage.

C. Lapse, cancellation, suspension or revocation of any license issued to the collector by the Commonwealth of Pennsylvania.

D. Collecting or transporting refuse in a careless or negligent manner resulting in dirt, odor, impediments within a public roadway, or any unsafe or unsanitary condition that may be found to be in violation of any other Township ordinance;

E. Failure to deposit solid waste at a Department of Environmental Protection approved disposal site in compliance with all disposal regulations in force at the approved site.

F. A violation of any part of this article or any other ordinances of the Township or any applicable state or county laws or ordinances.

G. Any breach or failure to perform its obligations described in its registration application with the Township or the terms of this article.

§ 62-28 Repealer.

This article is intended to repeal and replace the former and existing provisions of Article II of Chapter 62 of the Code of Unity Township regarding the collection of solid waste and, by its enactment, does hereby repeal and replace same. Nothing in this Article II of Chapter 62 shall be deemed or construed to affect Article I of Chapter 62 (relating to public dumps) or Chapter 93 (relating to recycling). To the extent the terms and provisions of Article II of Chapter 62 set forth herein are in conflict with any term or provision of Article 1 of Chapter 62 (relating to public dumps) or Chapter 93 (relating to recycling), the more restrictive provision shall apply.

§ 62-29 Severability.

The terms and provisions of this article are severable. In the event any term or provision set forth herein is declared to be void or invalid by a court of competent jurisdiction, then the remaining terms and provisions shall remain and continue in full force and effect.

§ 62-30 Implementation.

[Amended 5-9-2013 by Ord. No. O-5-2013]

This article shall be effective in five days from the date of its enactment. All persons, corporations, entity or firms must make arrangements for the removal of solid waste from their properties by a licensed collector on or before August 1, 2013.