[Adopted 11-3-1993 by Ord. No. 158]
This article shall be known as the "Limerick Township Sewage Hauler Ordinance."
Unless the context specifically and clearly indicates otherwise, the meanings of the terms used in this article will be as defined in Chapter 140, Sewers and Sewage Disposal.
It shall be unlawful for any sewage collector or hauler to collect and transport and/or dispose of sewage within Limerick Township without a license from the Limerick Township Municipal Authority.
All sewage collectors and haulers shall obtain a license therefor by application to the Limerick Township Municipal Authority. Said collector or hauler may collect or transport such sewage within the Township from the date of the issuance of the license until January 31 of the next calendar year. Each licensee must renew the license no later than January 31 of each calendar year. Any sewage collector or hauler to whom a license is issued shall have the privilege of collecting and hauling sewage picked up within the boundaries of Limerick Township, which license shall not be transferable.
A. 
At the time of the application, the sewage collector/hauler shall provide the following information on a form prepared by the Authority:
(1) 
The name of the sewage collector/hauler, business address and telephone number of the business office to receive calls from persons in the Township who receive collection service.
(2) 
The name, address and telephone number of the person having the largest interest in the sewage collector/hauler.
(3) 
The name, address and telephone number of the officers of the corporation or general partners of the partnership, if applicable.
(4) 
The make, year, model and registration of each truck or vehicle which is used in Limerick Township to haul, carry, transport or collect sewage.
(5) 
A certificate of applicant's workers' compensation insurance as required by law.
(6) 
A certificate of insurance coverage covering complete third-party public liability for both bodily injury and property damage, owner's and collector's protective insurance and automobile insurance with respect to personal injuries and property damage. Such insurance shall be in amounts that shall be from time to time set forth by the Authority by regulations adopted hereunder. Each and every policy of insurance herein mentioned which is required pursuant to the terms of this article shall carry within it an endorsement to the effect that the insurance carrier will convey to Limerick Township Municipal Authority, by certified mail, written notice of any modifications, alterations or cancellation of any such policy or policies or the terms thereof. The above-mentioned written notice shall be mailed to Limerick Township Municipal Authority at least 10 days prior to the effective date of such modification, alteration or cancellation.
(7) 
The approved disposal site where the sewage will be taken.
(8) 
Any appropriate or required state or federal licensing, including but not limited to the Pennsylvania Department of Environmental Protection and the Environmental Protection Agency.
(9) 
Such other information as the Authority shall deem appropriate and necessary.
B. 
At the time of the application, the sewage collector/hauler shall pay to the Authority a sum as provided for in the schedule of fees as adopted by resolution of the Limerick Township Municipal Authority.
It shall be unlawful and a violation of this article and grounds for suspension or revocation of a license or the denial of a renewal license for any sewage collector/hauler to:
A. 
Collect or transport any sewage without a valid license as set forth above.
B. 
Fail to provide for proper disposition of sewage collected or transported within the Township.
C. 
Load or operate any vehicle within the Township or transport sewage in such a manner to allow sewage to fall upon the public roadways or upon land abutting public roads in Limerick Township.
D. 
Otherwise create a public nuisance.
As a condition to the issuance and continued effectiveness of any license, the licensee shall comply with the following:
A. 
Collection equipment and transportation vehicles. All collection equipment and transportation vehicles shall comply with all the appropriate rules and regulations and provisions as shall be adopted by the Limerick Township Municipal Authority.
B. 
Exhibiting license. Each licensee shall at all times while in the process of collecting or transporting sewage have and display in a proper manner a valid registration sticker and have the license and/or a copy thereof, issued by the Authority, which shall have been signed by the Authority Administrator or his/her designee, within the vehicle being employed in said collection or transportation and shall exhibit the same, on demand, to the Authority Administrator or his/her designee or to any police officer of the Township.
C. 
Compliance. The licensee shall at all times comply with the provisions of this article and the regulations adopted hereunder and with the provisions of the Code of Limerick Township.
The Authority shall have the right to refuse to issue a license to any sewage collector/hauler or to revoke or suspend a license previously issued or refuse to renew the same if said sewage collector/hauler, his or its agents, servants or employees fail to comply with the provisions of this article or any regulations adopted hereunder.
The transportation and collection of sewage by the sewage collector/hauler shall be made in compliance with the regulations to be adopted by the Limerick Township Municipal Authority to carry out the intent and purpose of this article. Such rules and regulations shall be approved by resolution of the Authority and, when so approved, shall have the same force and effect of the provisions of the article. Said rules and regulations may be amended, modified and repealed by resolution of the Authority.
A. 
Unlawful activities; public nuisance. It shall be unlawful and a public nuisance for any person to violate or to cause or assist in a violation of any provision of this article or to violate or to cause or assist in the violation of any rule, regulation or resolution promulgated by the Authority pursuant to this article.
B. 
Penalties. Any person who violates any provision of this article or any of the regulations adopted hereunder or any person who engages in unlawful conduct as defined in this article shall, upon conviction thereof in a summary proceeding before a Magisterial District Judge, be sentenced to pay a fine of not more than $1,000 and not less than $50. Each continuing day of any violation of this article or unlawful conduct as defined in this article shall constitute a separate offense punishable by a like fine or penalty.
C. 
Injunction. In addition to any other remedy provided in this article, the Limerick Township Municipal Authority may institute a suit in the name of Limerick Township in equity where unlawful conduct or a public nuisance exists as defined in this article for an injunction to restrain a violation of this article or any rules, regulations or resolutions promulgated or issued by the Board of Supervisors pursuant to this article.
D. 
Concurrent remedies. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township from exercising any other remedy provided by this article or otherwise provided at law or equity.
The terms and provisions of this article are to be liberally construed so as to best achieve and effectuate the goals and purposes hereof.