[Adopted 8-26-1991 by Ord. No. 91]
This article shall be known and be cited as
the "North Coventry Township Municipal Waste Collectors Ordinance."
As used in this article, the following terms
shall have the following meanings:
Leaves, garden residue, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
Any garbage, refuse, industrial lunchroom or office waste
and other material, resulting solid, liquid, semisolid or contained
gaseous material, resulting from the operations of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste as defined in the Solid Waste Management Act, Act of July 7,
1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et
seq., 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 individual, partnership, association, corporation, institution,
cooperative enterprise, trust, municipal authority, federal government
or agency, Commonwealth institution or agency, or any other combination
of the foregoing. The term "person" shall include the officers and
directors of any corporation or any other legal entity having officers
and directors.
Those materials specified by North Coventry Township for
collection in accordance with this article and recycling regulations
which may be promulgated from time to time. Such material shall include
aluminum cans, clear glass containers, and newsprint materials. The
list of recyclable materials may be changed from time to time by resolution
of the Board of Supervisors of North Coventry Township.
Any person who owns, leases or occupies a property located
in North Coventry Township used as a residence.
Any person collecting or transporting municipal waste or
recyclable materials for owners or occupants of property in North
Coventry Township, and any business or institution within North Coventry
Township which generates municipal waste or recyclable materials and
uses its own employees and equipment for the collection or transportation
of municipal waste or recyclable materials. All municipal waste collectors
shall be licensed pursuant to the provisions of this article.
It shall be unlawful for any Township licensed
municipal waste collector to collect and transport municipal waste
or recyclable material within North Coventry Township without a license
from the Board of Supervisors of North Coventry Township.
All Township licensed municipal waste collectors
shall obtain a license therefore by application to the Board of Supervisors.
Said municipal waste collector may collect or transport such municipal
waste or recyclable materials within the Township from the date of
issuance of the license until January 31 of the next calendar year.
Any Township licensed municipal waste collector to whom a license
is so issued shall have the privilege of collecting and transporting
any municipal waste or recyclable materials picked up within the boundaries
of North Coventry Township, which license shall not be transferable.
A.
At the time of application, the Township licensed
municipal waste collector shall provide the following information
on a form prepared by the Township:
(1)
The name of the municipal waste collector, business
address and telephone number of the business office to receive calls
from the persons in the Township who receive collection service.
(2)
The name, address and telephone number of the person
having the largest ownership interest in the municipal waste collector.
(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 number of each
truck or vehicle which is used in North Coventry Township to haul,
carry, transport or collect municipal waste, or recyclable materials.
(5)
A certificate of the applicant's workmens' 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
North Coventry Township Board of Supervisors by regulations adopted
hereunder. Each and every policy of insurance herein mentioned which
is required pursuant to the terms of this article shall carry with
it an endorsement to the effect that the insurance carrier will convey
to North Coventry Township, 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 North Coventry Township at least 10 days prior to the effective
date of any such modification, alteration or cancellation.
(7)
A copy of the contract with the disposal site for
both waste and recyclables. The approved waste site where municipal
waste and recyclables will be taken. A copy of the contract between
the Township licensed municipal waste collector and the disposal site
shall be included. Where the Township licensed municipal waste collector
owns the disposal site a notarized letter stating such is required.
(8)
The processing and/or marketing facility where the
recyclable materials will be taken.
(9)
Such other information as the Township shall deem
appropriate and necessary.
B.
At the time of application, the municipal waste collector
shall pay to the Township a sum as provided for in the schedule of
fees as adopted by resolution of the Board of Supervisors.
As a condition of issuance and continued effectiveness
of any license, the Township licensed municipal waste collector shall
establish a program for the collection and transportation of recyclable
materials and leaf waste, which shall comply with the following:
A.
Provide for the collection of source-separated recyclable materials from each resident, commercial, institution and municipal establishment, and community activity served at a minimum of once per week in accordance with regulations adopted hereunder and Article II, Recycling, of this chapter and regulations adopted thereunder.
B.
Provide for the collection of leaf waste at a minimum of once in the Spring and once per month in the Fall (October thorough December), in accordance with regulations adopted hereunder and Article II, Recycling, of this chapter and regulations adopted thereunder, and provide customers with bags for the storage and collection of leaf waste.
C.
Establish procedures for the separation, storage and
collection of recyclable materials and leaf waste, and provide residents
adequate notification of the procedures.
D.
Issue warning notices of violations on forms provided
by the Township to residents failing to comply with procedures for
the separation, storage and collection of recyclable materials and
leaf waste, and provide a copy of any such warning to the Township.
E.
Respond to and resolve where possible complaints from
the citizenry relative to the collection of their waste and recyclable
materials.
F.
In billing the customer for the collection of waste
and/or recyclable materials, provide for an itemization of the cost
to the person of the cost to them of each program. Where the customer
uses the same hauler for both, such itemization may be on the same
bill, but it must be done in a manner in which it is clear as to the
cost of each.
G.
Provide annual written documentation and certification
to the Township of the types of materials and the number of tons of
each type and the place of disposition of materials recycled no later
than January 31 of each year of the preceding calendar year.
It shall be unlawful and a violation of this
article, and grounds for the suspension or revocation of a license,
or the denial of a renewal license, for any municipal waste collector
to:
A.
Collect or transport any municipal waste, recyclable materials, or leaf waste from any resident failing to source-separate said materials in violation of Article II, Recycling, of this chapter and regulations adopted thereunder.
B.
Comingle any source-separated recyclable materials
or leaf waste collected within the Township with any municipal waste.
C.
Fail to provide for the proper disposition at the
disposal site designated by the hauler of any municipal waste, recyclable
materials or leaf waste collected or transported within the Township.
D.
Load or operate any vehicle within the Township or
transport municipal waste, recyclable materials or leaf waste within
the Township, in such a manner as to allow municipal waste, recyclable
material or leaf waste to fall upon the public roads or upon land
abutting the public roads in the Township.
E.
Fail to replace the containers with their lids or
covers in place at the location of collection in an orderly manner.
F.
Otherwise create a public nuisance.
G.
Fail to submit the necessary reports on collection
on a quarterly basis.
As a condition of the issuance and continued
effectiveness of any license, the licensee shall comply with the following:
A.
Collection equipment and transportation vehicles. The collection equipment and transportation vehicles used for the collection of municipal waste shall be of the closed metal body type with an automatic compactor unit. The said vehicle shall have and display a valid Pennsylvania vehicle registration sticker and at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania. All such vehicles specifically shall be designed to prevent leakage of any liquids or fluids. Other types of vehicles may be used only for the collection of recyclable materials, leaf waste, white goods and Christmas trees, provided such items are separately collected in accordance with the other provisions of the article and regulations adopted hereunder and Article II, Recycling, of this chapter and regulations adopted thereunder. The municipal waste and recyclables so collected shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vermin or creation of other nuisances. The collection equipment and transportation vehicles shall be kept in a clean and sanitary condition.
B.
Exhibiting license. Each licensee shall at all times
while in the process of collecting or transporting said municipal
waste or recyclables have and display in a proper manner a valid registration
sticker, and have the license, or a copy thereof, issued by the Board
of Supervisors, which shall have been signed by the Township Manager
or his/her designee, within the vehicle being employed in said collection
or transportation, and shall exhibit the same on demand to the Township
Manager or his/her designee, or to any Police Officer of the Township.
C.
Schedules and areas of operation. The licensee shall
advise the Township in writing of its current rates schedule, its
intended areas of operation in the Township by streets, the terms
of service, and the scheduled days of collection in different areas
of the Township and of any changes to the collection program.
D.
Compliance. The licensee shall at all times comply with the provisions of this article and the regulations adopted hereunder and with Article II, Recycling, of this chapter and regulations adopted thereunder, and the provisions of the various ordinances and resolutions of North Coventry Township.
The Board of Supervisors of North Coventry Township shall have the right to refuse to issue a license to any municipal waste collector or to revoke or suspend a license previously issued or refuse to renew the same if said municipal waste collector, his or its agents, servants or employees fail to comply with any provision of § § 303-19, 303-20, 303-21, 303-22, or 303-23 of this article or of any regulation adopted hereunder. In addition, the Township licensed municipal waste collectors shall be subject to any fines set forth by the Township.
[Amended 8-23-1993 by Ord. No. 91]
A.
The collection of municipal waste and recyclable materials
by Township licensed municipal waste collectors shall be made in compliance
with the regulations adopted by the Board of Supervisors of North
Coventry Township to carry out the intent and purpose of this article.
Such rules and regulations shall be approved by resolution of the
Board of Supervisors and, when so approved, shall have the same force
and effect as the provisions of this article. The said rules and regulations
may be amended, modified or repealed by resolution of the Board of
Supervisors.
B.
In addition to the regulations adopted by the Board
of Supervisors of North Coventry Township, the Township licensed municipal
waste collectors shall be licensed by Chester County and shall comply
with all rules and regulations as established by the county. In particular,
those pertaining to the use of designated waste disposal facilities
for various service areas within the county, as adopted or amended
by the county.
A.
Unlawful activities; public nuisance. It shall be
unlawful and a public nuisance for any person to violate, cause or
assist in a violation of any provision of this article, or violate,
cause or assist in the violation of any rule, regulation or resolution
promulgated by the Board of Supervisors pursuant to this article.
B.
Penalties. Any person who violates or permits a violation
of this article, shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.[1]
C.
Injunction. In addition to any other remedy provided
in this article, North Coventry Township may institute a suit 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 resolution 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. This article shall be construed in pari
materia with the Solid Waste Management Act, Act of July 7, 1980,
P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.,
the Municipal Waste Planning, Recycling and Waste Reduction Act, Act
of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq., and the rules and regulations adopted thereunder.
