[Adopted 12-18-2007 by Ord. No. 339]
This article shall be known and referred to as the "Municipal Waste Collection and Transportation Ordinance of Doylestown Township."
The following words and phrases, as used in this article, shall have the meaning ascribed to them herein, unless the context clearly indicates a different meaning:
- ACT 90
- The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596, No. 90, June 29, 2002).
- ACT 101
- The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).
- COLLECTOR or WASTE HAULER
- Any person, firm, partnership, corporation or public agency which 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.
- The County of Bucks, Pennsylvania.
- The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this commonwealth. Disposal facilities include, but are not limited to, municipal waste landfills and construction/demolition waste landfills as defined by Act 101, Act 97, and/or PADEP rules and regulations (25 Pa. Code Chapters 75 and 271).
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or production activities, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment or facility engaged in services, including, but not limited to, hospitals, nursing homes, schools and universities.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
- LICENSED COLLECTOR or LICENSED WASTE HAULER
- A person who has written authorization from the PADEP under Act 90 to collect, haul, transport and dispose of municipal waste.
- Doylestown Township, Bucks County, Pennsylvania.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of "residual waste" or "hazardous waste" under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include any source-separated recyclable materials.
- The Pennsylvania Department of Environmental Protection.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment, or penalty or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
- Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, recycling facilities, composting facilities, and resource recovery facilities.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the generation of energy.
- 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.
- The off-site removal of any municipal waste at any time after generation.
For the purpose of this chapter, the singular shall include the plural, and the masculine shall include the feminine and neuter.
It shall be unlawful for any person to collect and/or transport municipal waste from any residential, public, commercial, industrial or institutional establishment within Doylestown Township without first securing written authorization from the PADEP in accordance with the provisions of Act 90.
It shall be unlawful for any person to store, collect and/or transport municipal waste or source-separated recyclable materials from any sources within Doylestown Township in a manner not in accordance with the provisions of this article, any applicable Township ordinance, the Revised County Plan, Act 90, Act 101, the minimum standards and requirements established in Chapter 285 of the PADEP Municipal Waste Management Regulations, any applicable Bucks County Department of Health regulations, and/or any other federal, state, or local regulations.
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 Doylestown Township without prior approval from the Township.
All collectors or waste haulers operating within the Doylestown Township must comply with the following minimum standards and regulations:
All trucks or other vehicles used for collection and transportation of municipal waste and/or source-separated recyclable materials must comply with the applicable requirements of Act 90, Act 97, Act 101, and PADEP regulations adopted pursuant to Act 97 and Act 101, including the 25 Pa. Code Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall be operated and maintained in a manner that will prevent creation of a nuisance or a hazard to public health, safety and welfare.
All collection vehicles conveying putrescible municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors and the creation of odors and other nuisances.
All collection vehicles conveying nonputrescible municipal waste and/or source-separated recyclable materials shall be capable of being enclosed or covered to prevent litter and other nuisances.
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of material transported by the vehicle. All such signs shall have lettering which is at least six inches in height as required by Act 101.
All collection vehicles and equipment used by collectors or waste haulers shall be subject to inspection by Doylestown Township or its authorized agents at any reasonable hour without prior notification.
No person shall collect or remove any municipal waste from within Doylestown Township without first obtaining written authorization from PADEP in accordance with the provisions of Act 90 and providing a copy of such written authorization to Doylestown Township. This section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste to PADEP-approved facilities or recyclables to appropriate recycling centers, nor to farmers, landscapers or nurserymen who collect, remove, haul or otherwise transport agricultural or other organic waste associated with their respective business activities.
Any collector or waste hauler who collects and transports municipal waste within Doylestown Township shall submit a registration form to Doylestown Township which shall include a copy of its state-issued written authorization and a copy of its Municipal and Residual Waste Transporter Authorization Application (DEP form 2500PM-BWM0015), along with any of the following information that may be deemed appropriate by the Township:
A list of collection vehicles covered under the written authorization, including, as a minimum, the following information for each vehicle:
The type of municipal waste to be collected and transported.
Certificate(s) of insurance evidencing that the waste hauler or collector has valid liability, automobile and workmen's compensation insurance in the minimum amounts established and required by separate resolution of the Board of Supervisors of Doylestown Township.
If they are hauling or collecting source-separated recyclable materials in the Township, identify the materials being hauled or collected and provide the following information for each vehicle:
Any person who fails to satisfy the minimum standards and requirements of this article or is in violation of the provisions of this article may not lawfully collect municipal waste or source-separated material in Doylestown Township.
All licensed collectors and licensed waste haulers shall meet the requirements of Act 90, Act 97, Act 101, the Bucks County Municipal Waste Management Plan, and any PADEP rules and regulations (25 Pa. Code Chapter 285).
Any licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials operating within Doylestown Township shall participate in the Bucks County Municipal Recycling Documentation Program. The program will provide a system for documenting the origin of municipal waste and source-separated recyclable material by municipality and the ultimate disposal point of said waste and recyclables. Each licensed collector and licensed waste hauler and collectors and haulers of source-separated recyclable materials operating in Doylestown Township shall prepare and submit an annual report to the Township on the official Collectors and Haulers Recyclables Documentation Reporting Form. The report shall be submitted by the PADEP-licensed collector or licensed waste hauler and collectors and haulers of source-separated recyclable materials to Doylestown Township by January 31 of each year and include any of the required information pertaining to the preceding calendar year.
All annual reports submitted to the Township from licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials shall be combined into a single report and submitted by the municipality on the official Municipal Recyclables Documentation Reporting Form to the County by February 28 of the year following the reporting period. The Township Manager is directed to prepare such forms as may be necessary to implement the provisions of this article.
Any person who shall violate any provision of this article, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this article, or the failure to do any act or thing as to which any provision of this article creates any affirmative duty, shall constitute a violation of this article punishable as herein stated. Licensed collectors and licensed waste haulers who shall violate any provision of this article may be reported to the PADEP by Doylestown Township and may be subject to the revocation of the state authorization to transport municipal waste as described in Act 90.
Doylestown Township may petition the Bucks County Court of Common Pleas for an injunction, either mandatory or prohibitive, in order to enforce any of the provisions of this article.
Any Ordinances or any part of any ordinance that conflicts with this article is hereby repealed insofar as the same is specifically inconsistent with this article.