[Adopted 1-8-1991 by Ord. No. 203]
This article shall be known and may be cited as the "Municipal Solid Waste Management Ordinance of the Township of Doylestown."
It is hereby declared to be the purpose of this article to coordinate and to regulate the storage, collection, transportation, processing and disposal of all solid waste materials as herein defined in order to protect the public safety, health and welfare of the people of the Township of Doylestown, hereinafter referred to as the "municipality."
For the purpose of this article, the following words and phrases shall have the meanings given herein:
- The residue resulting from the burning of wood, coal or other combustible material. This definition excludes ashes resulting from industrial processes.
- AUTHORIZED COLLECTOR
- A person, individual, partnership or corporation or employer or agent thereof authorized by contract with the municipality to collect solid waste from residential, commercial and institutional properties, as herein defined, under the terms and conditions of this article. In the event of municipal collection, this definition shall include the governing body and employees thereof.
- BULKY WASTE
- Large items of refuse, including but not limited to appliances, furniture and tree branches, which require collection in other than conventional compactor refuse collection vehicles. Bulky waste shall also include tires and construction materials resulting from residential remodeling.
- The person, firm, agency or public body or employee or agent thereof who is engaged in the collection and/or transportation of solid waste.
- COMMERCIAL PROPERTIES
- All properties used for industrial or commercial purposes, provided that multiple-dwelling residential buildings containing more than four dwelling units shall be treated as commercial properties.
- A controlled microbial degradation of organic waste to produce a relatively nuisance-free product of potential value as a soil conditioner.
- COMPOSTING SITE
- A facility at which composting is done.
- The individual designated by the governing body to be responsible for solid waste management within the municipality.
- DETACHABLE CONTAINER or MECHANICAL BIN
- Any metal container which may be mechanically lifted and emptied into the collection vehicle.
- DISPOSAL SITE
- A site, location, tract of land, area or premises used or intended to be used for solid waste disposal.
- A site for the consolidation of waste from one or more sources which has little or no management.
- FARM PROPERTY
- A parcel or parcels of land devoted to agriculture, either to raising crops, livestock, poultry or pasture.
- GARBAGE (FOOD WASTE)
- Animal and vegetable waste resulting from the handling, preparation, cooking and serving of food. It does not include wastes from industrial processing or manufacturing of food products, bodies of dead animals or human or animal excrement.
- GOVERNING BODY
- The elected officials of Doylestown Township.
- HAZARDOUS WASTE
- Solid waste that is especially harmful or potentially harmful to public health. This shall include but not be limited to explosives, toxic materials and medical waste. 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.).
- 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.
- INSTITUTIONAL PROPERTIES
- Those properties that house or serve groups of people, e.g., hospitals, schools and/or nursing homes.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings and similar materials, but not including grass clippings.
- The Township of Doylestown, Bucks County, Pennsylvania.
- MUNICIPAL WASTE
- Garbage, refuse, industrial, lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous materials, resulting from operation of residential, municipal, commercial or institutional establishments and from any community activities and any sludge not meeting the definition of "residual waste" or "hazardous waste" in the Solid Waste Management Act 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.
- Any person who manages any solid waste storage, transfer, processing or disposal operation.
- Any individual, firm, partnership, association, corporation, institution or other entity.
- PRIVATE COLLECTOR
- A collector licensed by the municipality to provide collection services to commercial or institutional properties on a private contract basis.
- RECYCLABLE MATERIALS
- Those materials specified by the municipality for separate collection in accordance with recycling regulations. Such materials may include but not be limited to aluminum products, ferrous containers, plastic containers, glass and yard wastes.
- 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.
- All solid wastes, except body wastes, and shall include but is not limited to garbage, ashes, bulky waste and rubbish, except that refuse shall specifically exclude hazardous waste and recyclables as defined by this article.
- RESIDENTIAL PROPERTY
- Properties used as dwellings, including buildings having up to four dwelling units in one building. Multiple-dwelling residential buildings containing more than four dwelling units, for purposes of this article, shall be treated as commercial properties.
- RESIDENTIAL SOLID WASTE
- Garbage, refuse, yard waste and other discarded solid materials, including but not limited to 35 gallons per week of building materials, such as Sheetrock and lumber, which is generated from normal maintenance of a residential property.
- Solid materials remaining after burning, including but not limited to ashes, metals, glass, ceramics and unburned organic substances.
- Solid waste exclusive of garbage (e.g., nonrecyclable glass, metal, paper or plastic) and noncompostable plant material, wood or nonputrescible solid waste.
- 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.
- 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.
- Uncontrolled or unauthorized removal of solid waste materials or recyclables.
- SOLID WASTE
- Any waste, including but not limited to municipal, residual or hazardous waste, including solid, liquid, semisolid or contained gaseous materials.
- SOLID WASTE MANAGEMENT
- The purposeful, systematic control of the storage, collection, transportation, processing and disposal of solid waste and recyclables.
- TRANSFER STATION
- A fixed facility used for receiving refuse from collection trucks and placing it in large-volume, long-haul vehicles.
Editor's Note: See 35 P.S. § 6018.101 et seq.
The Township Manager or designee shall be responsible for all aspects of solid waste management within the municipality.
The Township Manager or designee shall be responsible for the preparation of all necessary plans for solid waste management and shall coordinate these plans with other local, county, state and federal agencies. These plans shall control the collection, storage, transportation, processing and disposal of all solid waste materials. In accordance with all the pertinent statutes, rules and regulations of the Commonwealth of Pennsylvania, the Township Manager or designee shall:
Provide solid waste and recyclables 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.
Aid and assist the commonwealth in the application and enforcement of rules and regulations pertaining to solid waste management.
Adopt, issue and enforce such local rules and regulations pursuant to § 100-32 of this article as are necessary to implement and to carry out the intent of this article.
Enforce this article by issuing warning notices and initiating proceedings against violators of this article and its appurtenant rules and regulations.
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 municipality.
Owners and occupiers of residential property are hereby required to make accumulated solid waste available for collection as scheduled under the terms hereof.
All solid waste accumulated on any residential property in the municipality shall be collected, conveyed and disposed of by the municipality or by an authorized collector under contract with the municipality and in accordance with the provisions of this article, except that recyclable materials may be collected, conveyed and disposed of by property owners from their own property for the intended purpose of depositing such recyclables in recycling centers, provided that they comply with the provisions of this article pertaining to refuse containers and vehicles.
All solid waste accumulated on commercial and institutional properties shall be collected, conveyed and disposed of by private collectors licensed by the municipality. In all such contracts with a private collector, the fee or payment shall be a matter of private agreement between the owners or occupiers and the collector. When approved by the municipality, owners of nonresidential properties may collect, convey and dispose of privately generated solid waste by their own containers and/or trucks, provided that they comply with the provisions of this article applicable thereto.
It shall be unlawful for any person to collect and dispose of any solid waste within the municipality, except as provided in this article.
Owners and occupiers of residential property, if they propose to dispose of their leaf waste other than on their own property, shall abide by the regulations adopted by the Township concerning the time, preparation, placement and collection of leaf waste as may be promulgated from time to time by the Township.
No person shall contract to dispose of waste (municipal waste, residential and leaf) with a contractor or hauler other than a contractor or hauler selected by the Township to provide said services, and it shall be the obligation of the owner or occupier of the property to compensate the Township for the services provided for said collection and disposal. Owners and occupiers of property, however, notwithstanding the restriction as set forth herein, may assume the responsibility of disposal for themselves by taking their own waste to the designated disposal site.
It shall be unlawful to keep or allow in or about any dwelling or upon any land or other premises within the municipality solid waste of any kind which is obnoxious or offensive by reason of dust or odor or which attracts insects and vermin, except in covered receptacles. The cover shall be tight and flyproof; and it shall be unlawful to retain accumulation of any of said solid waste so as to constitute a menace to the health and safety, it being a presumption that such a menace exists when more than seven days have elapsed after such solid waste is originally retained, accumulated or permitted to accumulate; and nothing herein contained shall be construed to permit the retention of any solid waste which is or becomes obnoxious or offensive by reason of dust or odor or which attracts insects or vermin.
No volatile liquids, explosives, radioactive material or containers which would explode upon contact with heat or fire shall be placed for collection, except small (retail-sold) spray cans.
No hazardous waste shall be stored or placed for collection on residential properties except for small quantities of such waste normally found in the household and available on a retail basis to the homeowner.
Every person shall provide sufficient approved containers for receiving and holding solid waste. Containers shall be kept in a sanitary condition at all times.
Garbage (food waste) and rubbish shall be stored in a container which shall have a tight-fitting cover, have suitable handles, be watertight and flyproof and be able to be carried easily by the collector.
Garbage (food waste) shall be drained of liquids.
Containers shall be kept tightly covered at all times.
Containers shall be of not less than 20 gallons nor more than 35 gallons in capacity for residential properties, except by special exception by the municipality.
Containers shall be stored on the owner's property and shall not be placed at the curb for collection before 6:00 p.m. on the evening preceding a scheduled collection day. Empty containers shall be removed from the curb by 10:00 a.m. the day following collection.
When mechanical bins or detachable containers are in use, they shall be easily accessible to the collection vehicle.
All solid waste shall be stored in containers, except yard waste, magazines or books.
Yard waste may be placed next to containers if it is tightly secured, not more than four feet in length, 12 cubic feet in volume and not more than 65 pounds in weight.
The municipality specifically reserves the right to modify and to specifically provide for some other receptacle for the handling of solid waste which the Township Manager or designee may, at some future time, deem to be acceptable, appropriate and beneficial for handling of said solid waste material.
The municipality shall have the option of collecting solid waste, or it may contract with authorized collector(s) to provide the service, or it may contract for collection service for residential properties only and require private collection service for commercial and institutional properties.
All residential properties shall use the municipal or municipally contracted collection service.
The collection, conveyance or disposal of refuse by the municipality or by authorized collectors under and in accordance with a contract with the municipality shall be considered a municipal service for which the owner of the serviced premises shall be liable to pay in accordance with and subject to fees determined and established from time to time by resolution of the governing body. All bills for such fees shall be rendered by periodic statements of accounts issued in advance of the service, not less than on a quarter-annual basis, and shall thereupon be immediately due and payable. All bills shall be payable at the Township Municipal Building to the order of Doylestown Township. All accounts shall be considered delinquent if not paid within 30 days after the date of the bill, and accounts which are not paid within 30 days after the date of the bill shall be subject to a penalty of 10% of the amount of the bill. If a delinquent account is not paid within 60 days from the date of the bill, the Township Manager shall refer the account to the Township Solicitor with instructions to proceed for the collection of such unpaid charges, together with all penalties thereon, by an action in assumpsit or, at the election of the Township Manager, in any other manner provided by law for the collection of a municipal claim. The Township Manager may, by and with approval of the governing body, utilize the office and services of the Township Tax Collector with appropriate compensation to him for the rendering and collection of the accounts.
The collector shall provide service to all who desire service and have paid the required fees.
All residential solid waste shall be collected at least once each week. All institutional, commercial and industrial solid waste shall be collected as often as required by generated volumes and environmental problems, but not less than once each week.
The collector shall establish and record a regular collection schedule. If collection is scheduled once each week and the collection day falls on a holiday, then the collector shall notify all customers of when collection shall be made during the holiday week.
All collection and transportation vehicles shall be constructed of metal or other impervious materials, able to be enclosed or fitted with a cover which will be used to prevent spillage of the contents. All waste materials dropped on streets or roads shall be immediately picked up.
All vehicles shall be cleaned at sufficient frequency to prevent odors, vectors and other nuisances.
Place of collection.
Refuse containers shall, for the purpose of residential collection by the collector, be placed at the curb or street line, at ground level, and be made readily accessible to the collector.
Notwithstanding provisions of this article, commercial establishments 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 I(1).
Collections shall be made from all properties throughout the municipality. This shall include all streets, dedicated or otherwise, and shall include those streets that are temporarily closed for repairs or construction. In the latter case, special collection points shall be authorized and designated by the Township Manager or designee if the condition of the street would prevent access thereto by the collector's truck.
Frequency of collections.
Collection schedule and routes. The collector shall collect solid waste, as defined herein, throughout the municipality on routes and schedules developed and mutually agreed upon by the Township Manager or designee and the collector and may be modified from time to time as necessary and as agreed upon by the Township Manager or designee.
Solid waste collection shall not be made on the following holidays: January 1, New Year's Day; the third Monday in January, Martin Luther King Day; the last Monday of May, Memorial Day; July 4, Independence Day; the first Monday of September, Labor Day; the fourth Thursday of November, Thanksgiving Day; and December 25, Christmas Day.
Collections scheduled for these days shall be made on the next regular workday in the event that collection is scheduled only once each week.
Hours. Collections shall be made at those hours mutually agreed upon between the collector and the Township Manager or designee. Hours agreed upon shall be so indicated within the collection contracts or licenses.
All residential solid waste within the municipality shall be collected by an authorized collector as hereinafter provided.
The collection of solid waste shall be done only by the person, firm or corporation to whom or to which a contract therefor shall be awarded. Such contract shall be awarded from time to time to the lowest responsible bidder, following the procedure set forth hereinafter.
The governing body, from contracting period to contracting period, shall set bid specifications for the collection of residential solid waste and recyclable materials which shall apply to each prospective bidder for contract collection within the municipality.
The governing body shall request bids for solid waste collection services for a specified period, as allowed by state law. All bid notices, awards and conditions shall be in compliance with all applicable state laws.
Before any contract shall be entered into for the collection of residential solid waste from residential properties, the person to whom such contract is awarded shall furnish a bond with one or more sufficient sureties to be approved by the Township Manager or designee. The authorized collector shall, during the continuance of the contract, truly abide by, comply with and perform all the terms and provisions of the contract and of this article and such other rules and regulations as may be adopted from time to time.
The authorized collector shall assume full responsibility for the removal and ultimate disposition, subject to the provisions of § 100-29, of all residential solid waste from the municipality when such solid waste is placed in proper containers and in the proper locations as specified in §§ 100-23 and 100-24 herein.
Compensation of the authorized collector for the removal of solid waste from residential properties shall be paid according to the terms of the bid specifications and contract. Payment of said compensation is, however, contingent upon the authorized collector fulfilling all provisions of this article and the aforementioned contract.
No person shall collect, remove, haul or convey any commercial or institutional solid waste through or upon any of the streets or alleys of the municipality or dispose of the same in any manner or place without obtaining a license from the Township Manager or designee. Such a license shall not be required of private owners collecting and removing their own privately generated refuse by approved containers and/or vehicles to Department of Environmental Resources approved disposal site or to a recycling center. Private collectors shall obtain said license by January 30, 1991.
All private collectors shall be licensed by the municipality and designated "licensed private collector, commercial and institutional," only upon fulfillment of all requirements of this article.
A fee for such license shall be set from time to time by resolution of the Board of Supervisors, and all licenses shall be issued for the calendar year or any portion thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year.
Every person who shall apply for a license under this section shall state the manner of collection and the place and method of disposal.
No license shall be granted if the method of disposal shall not conform to the requirements of this article or to the ordinance of any municipal or quasi-municipal corporation wherein disposal of refuse is to be made. Such requirements may include but not be limited to a provision requiring the collection and transport of recyclable materials in accordance with Article II of this chapter.
No licensed private collector shall make any change in the arrangements for disposal of solid waste collected by him without first receiving the approval of the municipality.
It shall be unlawful for an unlicensed private collector to collect or remove solid waste from a household, institution or commercial enterprise, provided that the private collector is not collecting and/or removing such solid waste from his privately owned property, and provided that such collector complies with all other provisions of this article applicable thereto.
Private collectors shall be required to have liability, automobile, and workmens' compensation insurance in amounts established by resolution of the governing body, and the collectors shall provide appropriate certificates thereof.
All vehicles used for collection of solid waste shall be equipped with compacting devices or equivalent types of closed bodies and shall have enclosed cargo space, unless such collection is done by private individuals from solid waste generated on private property, in which case appropriate containers shall be utilized; and all other provisions of this article affecting such collection shall be adhered to.
It shall be unlawful to collect, haul, transport or convey solid waste in open, unenclosed vehicles, unless such refuse is hauled from private property by the owner; except that open-type vehicles may be used only for the collection of large items which cannot, because of size, be collected by ordinary means, in accordance with the provisions of Subsection A above.
Trucks shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the laws of the Commonwealth of Pennsylvania, the County of Bucks and the municipality.
The collector shall furnish proof that he is the owner of the vehicle(s) to be used, or he must produce, in writing, a lease or rental agreement between the titled owner of the vehicle(s) and the collector.
Vehicles and equipment shall not be overloaded so that garbage or trash may spill or drop on the highways or streets, nor shall the equipment be so designed or maintained so as to permit the leakage of fluids. All trucks shall be regularly cleaned and kept in proper condition and shall bear the name and address of the contractor plainly visible on both cab doors.
All vehicles may be inspected at any time at the discretion of the Township by a designated agent for compliance with the provisions of this article, including prior to the issuance of any license.
Each truck shall be staffed by at least one driver and one helper, unless otherwise approved by the Township Manager (e.g., special collection vehicles or under emergency conditions).
Each truck shall have at least one broom and one shovel to clean up refuse that may be spilled or otherwise scattered during the process of collection.
The collector shall file with the Township Manager or designee a list of all vehicles and equipment with identification information thereon. Changes in equipment shall be promptly reported to the Township Manager so that at all times their records will be correct and accurate.
The collector, at his expense, shall store and park the equipment at a convenient and lawful place. No trucks or equipment may be parked or stored on any street within the municipality, except during actual collection periods.
All storage of solid waste after collection and before disposal shall only be in transfer stations which conform to the regulations of the Commonwealth of Pennsylvania, the County of Bucks and the municipality. The only exception shall be full or partially full collection vehicles which have made a final pickup for the day. In no case shall such collection vehicles be permitted to hold solid waste longer than 24 hours.
It shall be unlawful for any collector to dump, process, destroy, bury or otherwise dispose of solid waste within the jurisdictional limits of the municipality except at facilities approved and permitted by the municipality, the County of Bucks and the Pennsylvania Department of Environmental Resources.
All collectors shall dispose of the solid waste from the municipality at a sanitary landfill, incinerator, waste-to-energy plant or other facility approved and permitted by the Pennsylvania Department of Environmental Resources.
The municipality reserves the right to designate a specific disposal site in its contracts and/or licenses with collectors.
All disposal regulations at the designated disposal site shall be adhered to by the collector(s).
All vehicles used for collection shall, insofar as practical, use state highways when proceeding to and from the designated disposal site, except when using roads or streets in those townships or boroughs where licensed or contracted to collect.
All solid waste processing shall be accomplished by approved methods in properly permitted facilities, including but not limited to incinerators, compost plants and salvage operations, conforming to all the applicable laws, ordinances and zoning requirements.
All plans and specifications shall be approved by the commonwealth prior to the construction and operation of such processing facilities.
All incinerators shall be operated so that pollution of the air will not exceed the air quality standards established by the Pennsylvania Department of Environmental Resources.
Residues and discards from the processing facilities shall be disposed of at a Pennsylvania Department of Environmental Resources permitted facility.
It shall be unlawful for any person to scavenge any materials delivered and deposited for disposal, except as may be provided for in the municipality's solid waste rules and regulations promulgated under this article.
It shall be unlawful 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.
It shall be unlawful to make garbage available for animal consumption unless such refuse has been heat-treated to kill any disease agent therein.
It shall be unlawful for any person to use, maintain or operate an open dump.
It shall be unlawful for any person to burn any solid waste, except in a manner and under conditions prescribed by the Township Fire Marshal, and such burning shall be in accordance with the pertinent rules and regulations of the commonwealth.
It shall be unlawful 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 or public or private property, except as provided in this article.
The collection of solid waste in the municipality and the disposal thereof shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the Township Manager or designee; provided, however, that no such rules and regulations shall be contrary to the provisions of this article or applicable law.
All containers, vehicles, equipment, transfer stations, disposal sites, books and records of authorized, unauthorized or prospective collectors, storers, processors and disposers shall be subject to inspection by the Township Manager or designee at any reasonable hour without prior notice.
Vehicles and equipment of collectors may be inspected by the Township Manager or authorized agent before being put into operation and during operation.
If violations of this article are discovered in the course of these inspections, the Township Manager or designee is empowered to enforce this article.
The Township Manager may petition the Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of its decisions.
Any person who violates any provisions of this article shall, upon conviction in a summary proceeding before any District Justice, be liable to a fine or penalty not to exceed $1,000 for each and every offense; or, if failure to pay is not caused by indigence or lack of sufficient assets, shall be subject to imprisonment in the Bucks County Prison, for a period not to exceed 30 days. Each day that a violation occurs shall be a separate violation. All prosecutions shall be brought in the name of Doylestown Township, and all fines should be paid to Doylestown Township.
[Amended 4-3-2012 by Ord. No. 366]
The Township Manager or designee shall have the right, at any time and without refund of any part of the license fee, to suspend or revoke the license of any private collector for any of the following causes:
False or misleading statements in the application for a license.
Lapse or cancellation of insurance coverage.
Collecting or transporting refuse in a careless or negligent manner resulting in dirt, odor or any unsanitary condition.
Failure to deposit solid waste at a Department of Environmental Resources approved disposal site in compliance with all disposal regulations in force at the approved site.
A violation of any part of this article or any other ordinances of the municipality or any applicable state or county laws.
Whenever the requirements of this article are in conflict with other requirements of the codified ordinances of the Township of Doylestown, the most restrictive or those imposing the highest standards shall govern.