[Adopted 8-6-2007 by Ord. No. 286]
This article shall be known and referred to as the "Municipal Waste and Recyclable Collection and Disposal Ordinance of Silverdale Borough."
A. 
The following words and phrases, as used in this article, shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning:
ACT 90
The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596, No. 90, June 29, 2002).[1]
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[2]
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[3]
APPROVED DISPOSAL SITE
Waste disposal facilities, such as landfills or trash-to-steam facilities, which are licensed by and operated in accordance with the laws and regulations of the Commonwealth of Pennsylvania or the laws and regulations of the state in which the disposal site is located.
ASH
The residue resulting from the burning of wood, coal, coke or other combustible material.
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste and/or source-separated recyclable materials.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, offices, restaurants, shopping centers and theaters.
COUNTY
The County of Bucks, Pennsylvania.
DISPOSAL
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 or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this commonwealth. Disposal facilities include but are not limited to municipal waste landfills and construction/demolition waste landfills as defined by Act 101, Act 97, and/or PADEP rules and regulations (25 Pa. Code Chapters 75 and 271).
GARBAGE
All animal and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or production activities, including but not limited to factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in services, including but not limited to hospitals, nursing homes, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
LICENSED COLLECTOR or LICENSED WASTE HAULER
A person who has written authorization from the PADEP under Act 90 to collect, haul, transport and dispose of municipal waste.
MUNICIPALITY
Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
MUNICIPAL WASTE
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 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.
NONRESIDENTIAL PROPERTY
All properties used for industrial or commercial purposes in which no persons reside, provided that multiple-dwelling residential buildings or projects containing more than four dwelling units, for the purposes of this article, shall be treated as nonresidential properties.
PADEP
The Pennsylvania Department of Environmental Protection.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity 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 materials for off-site reuse. Processing facilities include but are not limited to transfer facilities, recycling facilities, composting facilities, and resource-recovery facilities.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the generation of energy.
REFUSE
All solid waste, except body waste, and shall include but not be limited to garbage, ashes and rubbish.
RESIDENTIAL PROPERTY
Properties used as dwellings, including buildings having up to four dwelling units in one building, provided that, in the event of multiple-family dwellings, each of said units will be treated as a separate residential property as it relates to the collection of refuse therefrom.
RUBBISH
Includes glass, metal, paper, plant growth, wood or nonputrescible solid wastes.
SCAVENGING
The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a processing or disposal facility.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials, including leaf waste, that are separated from municipal waste at the point of origin or generation for the purpose of recycling.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: See 53. Pa.C.S.A. § 4000.101 et seq.
B. 
For the purpose of this article, the singular shall include the plural, and the masculine shall include the feminine and neuter.
A. 
It shall be unlawful for any person to collect and/or transport municipal waste from any residential, public, commercial, industrial or institutional establishment within Silverdale Borough without first securing written authorization from the PADEP in accordance with the provisions of Act 90.
B. 
It shall be unlawful for any person to store, collect and/or transport municipal waste or source-separated recyclable materials from any sources within Silverdale Borough in a manner not in accordance with the provisions of this article, any applicable municipal ordinance, the Revised County Plan, Act 90, Act 101, the minimum standards and requirements established in Chapter 285 of the PADEP Municipal Waste Management Regulations, any applicable Bucks County Department of Health regulations, and/or any other federal, state, or local regulations.
C. 
It shall be unlawful for any person to scavenge any material from any municipal waste or source-separated recyclable materials that are stored or placed for subsequent collection within Silverdale Borough without prior approval from the Municipality.
All collectors or waste haulers operating within Silverdale Borough must comply with the following minimum standards and regulations:
A. 
All trucks or other vehicles used for collection and transportation of municipal waste and/or source-separated recyclable materials must comply with the applicable requirements of Act 90, Act 97, Act 101, and PADEP regulations adopted pursuant to Act 97 and Act 101, including the Title 25 Pa. Code Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.
B. 
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall be operated and maintained in a manner that will prevent creation of a nuisance or a hazard to public health, safety and welfare.
C. 
All collection vehicles conveying putrescible municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors and the creation of odors and other nuisances.
D. 
All collection vehicles conveying nonputrescible municipal waste and/or source-separated recyclable materials shall be capable of being enclosed or covered to prevent litter and other nuisances.
E. 
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of material transported by the vehicle. All such signs shall have lettering which is at least six inches in height, as required by Act 101.
F. 
All collection vehicles and equipment used by collectors or waste haulers shall be subject to inspection by Silverdale Borough or its authorized agents at any reasonable hour without prior notification.
A. 
It shall be unlawful to dump, destroy, burn or otherwise dispose of refuse within the Borough, except at an approved disposal site. This prohibition shall not extend to the composting of leaf waste.
B. 
All refuse shall be deposited and disposed of at an approved disposal site.
C. 
All disposal regulations of the approved disposal site shall be adhered to.
D. 
All vehicles used for collection shall use, insofar as practical, only state highways when proceeding to and from the approved disposal sites, except when using roads or streets in the Borough where contracted to collect.
E. 
It shall be unlawful to dispose of live ashes, flammable liquids, explosive substances, toxic chemicals or any other similar hazardous substances in the Borough.
A. 
Refuse shall be prepared as follows:
(1) 
Garbage shall be placed in suitable bags prior to depositing in containers.
(2) 
All refuse shall be containerized or properly bundled so that it may be handled by one man or woman.
(3) 
Leaf waste, including leaves, shrubbery, Christmas trees, tree trimmings and similar vegetative materials, shall be separated, prepared and bundled as directed by the collector.
B. 
Refuse containers shall be as follows:
(1) 
Refuse containers shall be made of durable, watertight, rust-resistant material, having close-fitting lids and handles to facilitate collection.
(2) 
Refuse containers for residences shall be of not more than 32 gallons in capacity.
(3) 
Refuse containers for commercial establishments, except dumpsters, shall not exceed 40 gallons in capacity.
C. 
It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such materials on the bottoms or sides of refuse containers; the interiors of refuse containers shall be kept clean by thorough rinsing and draining as often as necessary.
A. 
Refuse containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector.
B. 
Notwithstanding the sections above, householders, commercial establishments or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.
C. 
Collections shall be made from all properties throughout the Borough, including all streets, accepted or otherwise, and including those streets that are temporarily closed for repairs or construction. In the latter case, special collection points shall be designated by the Council or its designee if the condition of the street would prevent access thereto by the collector's truck.
D. 
Each licensed collector or waste hauler operating in the Borough shall provide for at least one collection of leaves, garden residue, and similar vegetative materials between March 1 and October 1 of each year.
E. 
Each licensed collector or waste hauler operating in the Borough shall provide for at least one collection of shrubbery, tree trimmings and similar vegetative materials between March 1 and October 1 of each year.
F. 
Each licensed collector or waste hauler operating in the Borough shall provide for at least one collection of Christmas trees between January 7 and January 31 of each year.
G. 
The licensed collector or waste hauler shall collect garbage, paper, ashes, trash, rubbish, recyclables, leaf waste, shrubbery, Christmas trees, tree trimmings and similar vegetative materials throughout the Borough on routes and according to schedules approved by the Council or its designee.
H. 
Collections shall not be made on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day.
I. 
Collections shall be made at those hours mutually agreed upon between the authorized collector and the Council or its designee. Hours agreed upon shall be so indicated within the collection contracts.
J. 
All routes, schedules and traffic of collection trucks upon streets and highways shall be subject to the approval of the Council or its designee. No change in the service area or schedules shall be made unless the Council or its designee and all affected customers receive at least two weeks' written notice.
K. 
The licensed collector or waste hauler shall, on scheduled routes, cooperate with special cleanup drives or weeks as may be promulgated by the Borough, which shall not exceed two in number in any one year. In addition thereto, upon request, the authorized collector shall provide a separate and special collection on a day or days as may be required in order to collect abandoned Christmas trees.
L. 
It shall be unlawful for any person to deposit any refuse or other waste material at the roadside for collection more than 24 hours prior to the time prescribed by collectors or to leave any refuse containers at the roadside for more than 24 hours after collection of such refuse or other waste material.
A. 
No person shall collect or remove any municipal waste from within Silverdale Borough without first obtaining written authorization from the PADEP in accordance with the provisions of Act 90 and providing a copy of such written authorization to Silverdale Borough. This section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste to PADEP-approved facilities or recyclables to appropriate recycling centers, nor to farmers, landscapers or nurserymen who collect, remove, haul or otherwise transport agricultural or other organic waste associated with their respective business activities.
B. 
For a collector or waste hauler to collect and transport municipal waste within Silverdale Borough, a collector or waste hauler shall submit a registration form to Silverdale Borough, which shall include a copy of its state-issued written authorization and a copy of its municipal and residual waste transporter authorization application (DEP form 2500-PM-BWM0015), along with any of the following information that may be deemed appropriate by the Municipality:
(1) 
A list of collection vehicles covered under the written authorization, including, as a minimum, the following information for each vehicle: identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number), date and location of most recent vehicle inspection, and hauling capacity of the vehicle.
(2) 
The type of municipal waste to be collected and transported.
(3) 
Certificate(s) of insurance evidencing that the waste hauler or collector has valid liability, automobile and workers' compensation insurance in the minimum amounts established and required by separate resolution of the governing body of the Municipality.
(4) 
If they are hauling or collecting source-separated recyclable materials in the Municipality, identify the materials being hauled or collected and provide the following information for each vehicle: identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number), date and location of most recent vehicle inspection, and hauling capacity of the vehicle.
C. 
Any person who fails to satisfy the minimum standards and requirements of this article or is in violation of the provisions of this article may not lawfully collect municipal waste or source-separated material in Silverdale Borough.
D. 
All licensed collectors and licensed waste haulers shall meet the requirements of Act 90, Act 97, Act 101, the Bucks County Municipal Waste Management Plan, and all PADEP rules and regulations (25 Pa. Code Chapter 285).
A. 
All licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials operating within Silverdale Borough shall participate in the Bucks County Municipal Recycling Documentation Program. The program will provide a system for documenting the origin of municipal waste and source-separated recyclable material by municipality and the ultimate disposal point of said waste and recyclables. Each licensed collector and licensed waste hauler and collector and hauler of source-separated recyclable materials operating in Silverdale Borough shall prepare and submit an annual report to the Municipality on the official collectors and haulers recyclables documentation reporting form. The report shall be submitted by the PADEP-licensed collector or licensed waste hauler or collector or hauler of source-separated recyclable materials to Silverdale Borough by January 31 of each year and shall include all of the required information pertaining to the preceding calendar year.
B. 
All annual reports submitted to the Municipality from licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials shall be combined into a single report and submitted by the Municipality on the official municipal recyclables documentation reporting form to the county by February 28 of the year following the reporting period.
Any person who shall violate any provision of this article, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this article, or the failure to do any act or thing as to which any provision of this article creates any affirmative duty, shall constitute a violation of this article punishable as herein stated. Licensed collectors and licensed waste haulers who shall violate any provision of this article may be reported to the PADEP by Silverdale Borough and may be subject to revocation of the state authorization to transport municipal waste, as described in Act 90.
Silverdale Borough may petition the Bucks County Court of Common Pleas for an injunction, either mandatory or prohibitive, in order to enforce any of the provisions of this article.