[Adopted 9-19-2007 by Ord. No. 2007-11[1]]
This article shall be known and referred to as the "Municipal Waste
Collection and Transportation Regulations."
A.Â
The following words and phrases, as used in this article,
shall have the meanings ascribed to them herein, unless the context clearly
indicates a different meaning. The singular shall include the plural and the
masculine shall include the feminine and neuter.
B.Â
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
As used in this article, the following terms shall have
the meanings indicated:
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 who 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.
Any of the 54 minor civil divisions in 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 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.
A.Â
It shall be unlawful for any person to collect and/or
transport municipal waste from any residential, public, commercial, industrial
or institutional establishment within New Hope Borough without first securing
written authorization from the PADEP in accordance with the provisions of
Act 90.
B.Â
It shall be unlawful for any person to store, collect
and/or transport municipal waste or source-separated recyclable materials
from any sources within New Hope Borough in a manner not in accordance with
the provisions of this article, any applicable municipal 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.Â
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 New Hope Borough without
prior approval from the Borough.
D.Â
It shall be unlawful for any licensed collector and licensed
waste hauler, or any collector and hauler of source-separated recyclable materials,
operating within New Hope Borough to collect municipal waste and/or recyclable
materials within the Borough, except between the hours of 7:00 a.m. and 5:00
p.m., Monday through Saturday, unless otherwise authorized by the Director
of Public Works.
E.Â
It shall be unlawful for any licensed collector or hauler
not to complete its collections in the Borough on the hauler's regularly
scheduled pickup day(s), unless otherwise authorized by the Director of Public
Works
A.Â
Minimum standards for services.
(1)Â
All collectors and waste haulers shall collect municipal
waste from each customer weekly, at a minimum.
(2)Â
All collectors and waste haulers shall offer to their
residential and nonresidential customers recyclables collection services.
Recyclables collections shall include, at a minimum, the commodities established
from time-to-time by resolution of the Borough Council. Recyclables shall
be collected from each customer weekly, at a minimum. All recyclables shall
be delivered to a recycling facility as defined in Pennsylvania Act 101 or
shall be marketed by the collector or hauler.
(3)Â
All collectors and waste haulers shall make available
recyclables collection services, as described in the above subsection, to
noncustomers and may charge for such collections on a fee for service basis.
(4)Â
All collectors and waste haulers shall provide to their
residential customers large item or bulk pickup on an as-needed basis at a
minimum.
B.Â
Standards for collection and transportation. All collectors
or waste haulers operating within the Borough of New Hope must comply with
the following minimum standards and regulations.
(1)Â
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 Title
25 PA Code Chapter 285, Subchapter B, regulations for the collection and transportation
of municipal waste.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
All collection vehicles and equipment used by collectors
or waste haulers shall be subject to inspection by the Borough of New Hope
or its authorized agents at any reasonable hour without prior notification.
A.Â
No person shall collect, or remove any municipal waste
from within the Borough of New Hope without first obtaining written authorization
from PADEP in accordance with the provisions of Act 90 and providing a copy
of such written authorization to New Hope Borough. 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.Â
For a collector or waste hauler to collect and transport
municipal waste within the Borough of New Hope, a collector or waste hauler
shall submit a registration form to New Hope Borough, which shall include
a copy of their state-issued written authorization and a copy of their Municipal
and Residual Waste Transporter Authorization Application (DEP Form 2500-PM-BWM0015),
along with any of the following information that may be deemed appropriate
by the Borough.
(1)Â
A list of collection vehicles covered under the written
authorization, including, as a minimum, the following information for each
vehicle: identification information for each vehicle (such as vehicle license
number, vehicle registration number, or company identification number); date
and location of most recent vehicle inspection; and hauling capacity of the
vehicle.
(2)Â
The type of municipal waste to be collected and transported.
(3)Â
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 Borough Council.
(4)Â
If they are hauling or collecting source-separated recyclable
materials in the municipality, identify the materials being hauled or collected
and provide the following information for each vehicle: identification information
for each vehicle (such as vehicle license number, vehicle registration number,
or company identification number); date and location of most recent vehicle
inspection; and hauling capacity of the vehicle.
C.Â
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 New Hope Borough
D.Â
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 all PADEP rules and regulations (25 PA Code Chapter
285).
A.Â
All licensed collectors and licensed waste haulers and
collectors and haulers of source-separated recyclable materials operating
within New Hope Borough 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 New Hope Borough shall prepare and submit
an annual report to the Borough 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 New Hope Borough by January 31 of each year and shall
include all of the required information pertaining to the preceding calendar
year.
B.Â
All annual reports submitted to the municipality 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.
Any person who shall violate any provision of this article, upon conviction
thereof, shall 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 the
Borough of New Hope and may be subject to the revocation of the state authorization
to transport municipal waste, as described in Act 90.
The Borough of New Hope 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.