[Adopted 5-5-1992 by Ord. No. 216[1]]
[1]
Editor's Note: This ordinance superseded former Article I, Collection, adopted 4-15-1980 as Ch. V, Art. I, of the 1980 Code of Ordinances, as amended.
This article shall be known and referred to as the "Waste Flow Control and Licensing Ordinance of Doylestown Township."
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 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (P.L. 556, No. 101, July 28, 1988).[2]
COLLECTOR or WASTE HAULER
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.
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, Commonwealth of Pennsylvania.
DEPARTMENT or DER
The Pennsylvania Department of Environmental Resources.
DISPOSAL
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.
DISPOSAL FACILITIES
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).
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 material, but not including grass clippings.
LICENSED COLLECTOR or LICENSED WASTE HAULER
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.
MUNICIPAL WASTE
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.
MUNICIPALITY
The Township of Doylestown, Bucks County, Pennsylvania.
PERSON
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.
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
A facility including but 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 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.
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 or collection of any municipal waste or recycled materials at any time after generation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: See P.S. § 6018.101 et seq.
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.
[1]
Editor's Note: See Ch. A180, Fees.
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:
(1) 
The name and mailing address of the applicant.
(2) 
The name and telephone number of the contact person.
(3) 
The type of municipal waste to be collected and transported.
(4) 
Such other minimum requirements as the Board of Supervisors, by resolution, shall require.
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.
H. 
All licensed collectors or licensed waste haulers are also subject to, as a condition of licensing, the provisions of §§ 100-3 and 100-6 of this article.
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. 
Violations.
(1) 
Any person who violates any provision of this article shall, upon conviction at a summary proceeding, be punishable by a fine as follows:
(a) 
First conviction: $50.
(b) 
Second conviction: $250.
(c) 
Third and subsequent convictions: $1,000.
(2) 
Each day a violation occurs shall be considered a separate violation for the purposes of the penalties imposed in this section.
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.