[Adopted 5-5-1992 by Ord. No. 216[1]]
This article shall be known and referred to
as the "Waste Flow Control and Licensing Ordinance of Doylestown Township."
A.
ACT 97
ACT 101
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
COUNTY
DEPARTMENT or DER
DISPOSAL
DISPOSAL FACILITIES
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPALITY
PERSON
PROCESSING
PROCESSING FACILITIES
RECYCLING
SCAVENGING
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSPORTATION
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:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (P.L. 556, No. 101, July 28, 1988).[2]
Any person, firm, partnership, corporation or public agency
that is engaged in the collection and/or transportation of municipal
waste and/or source-separated recyclable materials.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, offices, restaurants,
shopping centers and theaters.
The County of Bucks, Commonwealth of Pennsylvania.
The Pennsylvania Department of Environmental Resources.
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in such a manner
that the solid waste or a constituent of the solid waste enters the
environment, is emitted into the air or is discharged into the waters
of this commonwealth.
Facilities including but not limited to municipal waste landfills
and construction/demolition waste landfills as defined by Act 101,
Act 97 and/or DER rules and regulations (e.g., Chapters 75 and 271
of Title 25 of the Pennsylvania Code).
Any establishment engaged in manufacturing or production
activities, including but not limited to factories, foundries, mills,
processing plants, refineries, mines and slaughterhouses.
Any establishment or facility engaged in services, including
but not limited to hospitals, nursing homes, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
Any collector or transporter of municipal waste and/or source-separated
recyclables that has been issued a current license by Doylestown Township
pursuant to this article.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste in the Solid Waste Management Act[3] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
The Township of Doylestown, Bucks County, Pennsylvania.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency or 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.
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.
A facility including but not limited to transfer facilities,
recycling facilities, composting facilities and resource recovery
facilities.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste (other
than through combustion) and the creation and recovery of reusable
materials other than a fuel for the generation of energy.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
Materials, including leaf waste, that are separated from
municipal waste at the point of origin or generation for the purpose
of recycling.
The off-site removal or collection of any municipal waste
or recycled materials at any time after generation.
B.
For the purposes of this article, the singular shall
include the plural, and the masculine shall include the feminine and
neuter.
A.
The Township of Doylestown shall designate by separate
resolution one or more specific processing and/or disposal facilities
where all licensed collectors must, as a condition of licensing, transport
and dispose of all municipal waste collected within the Township of
Doylestown. Processing and/or disposal facilities designated by the
Township shall be on the list of county-designated facilities in the
Bucks County Municipal Waste Management Plan and/or shall have been
designated by the Township pursuant to a contract.
B.
The Township of Doylestown shall have the right, by
separate resolution, to require any licensed collector to obtain a
contract with any or all processing and/or disposal facilities accepting
municipal waste generated within the municipality. Said contract(s)
must provide for a minimum of one year of guaranteed capacity with
a contract renewal option of at least one year. Said contract(s) must
be accompanied by a notarized statement of the projected annual weight
and/or volume of waste to be disposed of at the facility.
A.
It shall be unlawful for any person to collect municipal
waste or source-separated recyclable materials from any residential,
public, commercial, industrial or institutional establishment within
the Township of Doylestown without first securing a license to do
so from the municipality in accordance with the provisions of this
article.
B.
It shall be unlawful for any person to collect and/or
transport municipal waste or source-separated recyclable materials
from any sources within the Township of Doylestown in a manner not
in accordance with the provisions of this article or any applicable
municipal ordinance, the Bucks County Municipal Waste Management Ordinance,
Act 101, the minimum standards and requirements established in Chapter
285 of the DER's Municipal Waste Management Regulations (Chapter 285
of Title 25 of the Pennsylvania Code) and/or any other federal, state
or local statutes, laws, ordinances or regulations.
C.
It shall be unlawful for any person to transport any
municipal waste collected from within the Township of Doylestown to
any processing and/or disposal facility other than the facility or
facilities designated by the Township under and pursuant to this article.
D.
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 the Township
of Doylestown without prior approval from the municipality.
A.
No person shall collect or remove and then subsequently
haul or transport any municipal waste or source-separated recyclable
material through or upon the streets of the Township of Doylestown
without first obtaining a waste flow control license in accordance
with the provisions of this article. This section shall not apply
to private individuals (e.g., homeowners) who wish to transport their
own household waste to county-designated facilities nor to farmers,
landscapers or nurserymen who collect, remove, haul or otherwise transport
agricultural or other organic waste associated with their business
activities.
B.
All collectors and waste haulers shall be licensed
by the Township of Doylestown and designated as a licensed waste hauler
or licensed collector.
C.
As a condition of acquiring and maintaining a license
to operate within the Township of Doylestown, each licensed waste
hauler or collector shall dispose of all municipal waste at a facility
or facilities designated by the Township of Doylestown. Noncompliance
with this subsection shall be grounds for revocation of a waste hauler's
license to collect waste in the Township of Doylestown.
D.
Any person who desires to collect and subsequently
haul or transport municipal waste within the Township of Doylestown
shall submit a waste flow control license application and any application
fee to the Township or its designated licensing representative. Any
collector or waste hauler operating within the Township of Doylestown
as of the effective date of this article must apply for and be issued
a waste flow control license within 15 days of enactment of this article
in order to continue to operate within the Township of Doylestown.
Subsequent to initial licensing, any licensed collector or waste hauler
possessing an existing license shall submit a license renewal application
and fee to the Township of Doylestown at least 45 days prior to the
expiration date of the existing license, if renewal of the license
is desired. New license applicants must submit a license application
and fee before beginning to collect and transport municipal waste
and/or source-separated recyclables in the Township of Doylestown.
The Township of Doylestown shall have 45 calendar days to review any
complete application and take action on the same. The application
shall include a rate schedule and it shall be a condition of the licensure
that no changes in the rates shall become effective unless the Township
is notified by the licensee of such changes and the licensee appears
at a public meeting of the Board of Supervisors to explain to the
Board of Supervisors the reasons for the increase in rates. The Township
shall have 30 days after receipt of the notice of the change of rates
to schedule the appropriate meeting with the Board of Supervisors
as provided herein. No rate increase, however, shall take effect until
such time as 30 days after the notification is provided to the Township
by the licensee. If the Township of Doylestown fails to take action
within 45 days, the application shall be deemed to be approved.
E.
The annual license fee shall be established by resolution
of the Board of Supervisors of the Township of Doylestown.[1] All licenses are nontransferable and shall be issued for
a period of one calendar year. There shall be no reduction or prorated
fee for any license issued during a calendar year.
F.
The waste flow control license application form, which
will be supplied by the Township of Doylestown, shall set forth the
minimum information required to establish the applicant's qualifications
for a license to collect and/or transport municipal waste and/or source-separated
recyclables, which said form shall include but not be limited to:
G.
No new license or license renewal shall be approved
and issued to any person who fails to satisfy the minimum standards
and requirements of this article or any resolutions or rules and regulations
established hereunder or who is in violation of any of said provisions.
I.
All licensed collectors or waste haulers shall meet
the requirements of Act 97, Act 101, the Bucks County Municipal Waste
Management Plan, all DER rules and regulations (Chapter 285 of Title
25 of the Pennsylvania Code) and any applicable Bucks County Department
of Health regulations regarding storage, collection and transportation
of municipal waste, including provisions for proper labeling of collection
and transfer vehicles.
A.
All licensed collectors and licensed waste haulers
shall maintain current, up-to-date records of the municipal waste
and/or source-separated recyclables collected within the Township
of Doylestown. Such records and collected volume reports shall be
subject to review by and made available to the Township of Doylestown
or its authorized agents on a weekly basis upon written request.
B.
All licensed collectors and licensed waste haulers
operating within the Township of Doylestown shall participate in the
Bucks County Municipal Waste Documentation Program, when established.
Said program is designed for the purpose of documenting the origin
of municipal waste and recyclable material and the ultimate disposal
point of said waste and recyclable material. As part of the program,
each licensed collector and licensed waste hauler shall prepare and
submit a report to the Township of Doylestown as required by Bucks
County Ordinance No. 80. At a minimum, the following information shall
be included in each report:
(1)
The total weight of municipal waste and recyclable
materials collected from all sources within the Township of Doylestown
during each month of the reporting period.
(2)
The name of each processing and/or disposal facility
receiving material during the reporting period and the total weight
of municipal waste delivered to each facility during each month of
the reporting period.
(3)
Any other information required by the Bucks County
Municipal Waste Documentation Program.
A.
B.
The Township of Doylestown shall have the right, at
any time and without refund of any license fee, to suspend or revoke
the license of any licensed collector or waste hauler for any of the
following causes:
(1)
Falsification or misrepresentation of any statements
in any license application.
(2)
Collection and/or transportation of any municipal
waste in a careless or negligent manner or any other manner that is
not in compliance with the requirements of this article, Bucks County
Department of Health regulations and/or any applicable federal, state
or county or Township resolutions, rules and regulations.
(3)
Transportation and disposal of any municipal waste
collected within the Township to any processing and/or disposal facilities
other than the facility or facilities designated by the Township.
(4)
Failure to dispose of municipal waste at the facility(ies)
stated in the license application.
(5)
Any violation of any part of this article, any other
applicable county or municipal ordinances, resolutions, rules and
regulations, the Bucks County Municipal Waste Management Plan or any
applicable laws or regulations.
The Township of Doylestown may take whatever
action it shall see fit to enforce this article, including but not
limited to injunctive relief.
The Township Supervisors are herein authorized
to adopt rules and regulations in order to effectuate the intent and
to carry out the provisions of this article. Said rules and regulations
shall be adopted by resolution and shall be enforceable as if the
same were included with the context of this article.
