[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.
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.
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.
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.
A facility at which composting is done.
A method of storage of refuse consistent with the provisions of § 100-23 of this article.
The individual designated by the governing body to be responsible
for solid waste management within the municipality.
Any metal container which may be mechanically lifted and
emptied into the collection vehicle.
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.
A parcel or parcels of land devoted to agriculture, either
to raising crops, livestock, poultry or pasture.
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.
The elected officials of Doylestown Township.
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.
Those properties that house or serve groups of people, e.g.,
hospitals, schools and/or nursing homes.
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
The Township of Doylestown, Bucks County, Pennsylvania.
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[1] 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.
A collector licensed by the municipality to provide collection
services to commercial or institutional properties on a private contract
basis.
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.
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.
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.
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.
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.
Any waste, including but not limited to municipal, residual
or hazardous waste, including solid, liquid, semisolid or contained
gaseous materials.
The purposeful, systematic control of the storage, collection,
transportation, processing and disposal of solid waste and recyclables.
A fixed facility used for receiving refuse from collection
trucks and placing it in large-volume, long-haul vehicles.
[1]
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:
A.
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.
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 § 100-32 of this article as are necessary to implement and to carry out the intent of this article.
D.
Enforce this article by issuing warning notices and
initiating proceedings against violators of this article and its appurtenant
rules and regulations.
A.
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.
B.
Owners and occupiers of residential property are hereby
required to make accumulated solid waste available for collection
as scheduled under the terms hereof.
C.
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.
D.
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.
E.
It shall be unlawful for any person to collect and
dispose of any solid waste within the municipality, except as provided
in this article.
F.
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.
A.
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.
B.
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.
C.
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.
A.
Every person shall provide sufficient approved containers
for receiving and holding solid waste. Containers shall be kept in
a sanitary condition at all times.
B.
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.
C.
Garbage (food waste) shall be drained of liquids.
D.
Containers shall be kept tightly covered at all times.
E.
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.
F.
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.
G.
When mechanical bins or detachable containers are
in use, they shall be easily accessible to the collection vehicle.
H.
All solid waste shall be stored in containers, except
yard waste, magazines or books.
I.
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.
J.
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.
A.
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.
B.
All residential properties shall use the municipal
or municipally contracted collection service.
C.
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.
D.
The collector shall provide service to all who desire
service and have paid the required fees.
E.
Collection requirements.
(1)
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.
F.
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.
G.
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.
H.
All vehicles shall be cleaned at sufficient frequency
to prevent odors, vectors and other nuisances.
I.
Place of collection.
(1)
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.
(2)
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).
(3)
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.
J.
Frequency of collections.
(1)
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.
(2)
Holidays.
(a)
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.
(b)
Collections scheduled for these days shall be
made on the next regular workday in the event that collection is scheduled
only once each week.
(3)
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.
A.
All residential solid waste within the municipality
shall be collected by an authorized collector as hereinafter provided.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
C.
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.
D.
Every person who shall apply for a license under this
section shall state the manner of collection and the place and method
of disposal.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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).
H.
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.
I.
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.
J.
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.
A.
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.
B.
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.
C.
The municipality reserves the right to designate a
specific disposal site in its contracts and/or licenses with collectors.
D.
All disposal regulations at the designated disposal
site shall be adhered to by the collector(s).
E.
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.
A.
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.
B.
All plans and specifications shall be approved by
the commonwealth prior to the construction and operation of such processing
facilities.
C.
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.
D.
Residues and discards from the processing facilities
shall be disposed of at a Pennsylvania Department of Environmental
Resources permitted facility.
A.
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.
B.
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.
C.
It shall be unlawful to make garbage available for
animal consumption unless such refuse has been heat-treated to kill
any disease agent therein.
D.
It shall be unlawful for any person to use, maintain
or operate an open dump.
E.
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.
F.
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.
A.
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.
B.
Vehicles and equipment of collectors may be inspected
by the Township Manager or authorized agent before being put into
operation and during operation.
C.
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.
A.
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]
B.
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:
(1)
False or misleading statements in the application
for a license.
(2)
Lapse or cancellation of insurance coverage.
(3)
Collecting or transporting refuse in a careless or
negligent manner resulting in dirt, odor or any unsanitary condition.
(4)
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.
(5)
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.
