[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."
A.
ACT 90
ACT 97
ACT 101
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
COUNTY
DISPOSAL
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPALITY
MUNICIPAL WASTE
PADEP
PERSON
PROCESSING
RECYCLING
SCAVENGING
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSPORTATION
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:
The Pennsylvania Waste Transportation Safety Act of 2002
(P.L. 596, No. 90, June 29, 2002).[1]
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[2]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[3]
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.
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).
Any establishment engaged in manufacturing or production
activities, including, but not limited to, factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
Any establishment or facility engaged in services, including,
but not limited to, hospitals, nursing homes, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
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.
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.
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.
B.
For the purpose of this chapter, the singular shall
include the plural, and the masculine shall include the feminine and
neuter.
A.
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.
B.
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.
C.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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:
(1)
A list of collection vehicles covered under the written
authorization, including, as a minimum, the following information
for each vehicle:
(2)
The type of municipal waste to be collected and transported.
(3)
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.
(4)
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:
C.
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.
D.
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).
A.
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.
B.
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.