[Adopted 9-3-1991 by Ord. No. 135]
This article shall be known and may be cited
as the "Limerick Township Municipal Waste Collectors Ordinance."
As used in this article, the following terms
shall have the following meanings:
Larger household items incapable of being placed in appropriate
containers for disposal, including but not limited to appliances,
furniture, mattresses, tires and other such items associated with
residential uses.
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, including 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 person collecting or transporting municipal waste or
recyclable materials for owners or occupants of property in Limerick
Township and any business or institution within Limerick 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.
Any individual, partnership, association, corporation, institution,
cooperative enterprise, trust, municipal authority, federal government
or agency, commonwealth institution or agency or any other legal entity
whatsoever which is recognized by law as a subject of rights and duties.
In any provision 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 any
other legal entity having officers and directors.
Those materials specified by Limerick Township for collection
in accordance with this article and recycling regulations which may
be promulgated from time to time. Such material may include, but shall
not be limited to, aluminum cans, clear and colored glass containers,
tin, steel and bimetallic cans, clear and colored PET rigid plastic
bottles, natural and pigmented HDPE plastic bottles and newsprint
material. The list of "recyclable materials" may be changed from time
to time by resolution of the Board of Supervisors of Limerick Township.
Any person which owns, leases or occupies a property located
in Limerick Township used as a residence.
[Amended 12-13-2007 by Ord. No. 288]
It shall be unlawful for any municipal waste
collector to collect and transport municipal waste or recyclable material
within Limerick Township without a license from the Pennsylvania Department
of Environmental Protection.
[Amended 12-13-2007 by Ord. No. 288]
A.
All municipal waste collectors shall obtain a license
by application to the Pennsylvania Department of Environmental Protection.
B.
Registration. The municipal waste collector shall
provide the following information on a registration form prepared
by the Township:
(1)
The name of the municipal waste collector and the
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 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 Limerick Township to haul, carry,
transport or collect municipal waste or recyclable materials.
(5)
A certificate of the applicant's workmen's 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
and 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
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 Limerick 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 Limerick Township
at least 10 days prior to the effective date of any such modification,
alteration or cancellation.
(7)
The approved disposal site where municipal waste will
be taken.
(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.
(10)
The Pennsylvania Department of Environmental
Protection permit number.
[Amended 12-13-2007 by Ord. No. 288]
A.
Provide for the collection of source-separated recyclable
materials from each resident, commercial, institutional and municipal
establishment and community activity served at a minimum of once per
week in accordance with regulations adopted hereunder and the Limerick
Township Recycling Ordinance[1] and regulations adopted thereunder and provide to such
customers reusable containers for the storage and collection of recyclable
materials.
B.
Provide for the collection of leaf waste at a minimum of once in the spring and once per month in the fall, in accordance with regulations adopted hereunder and Article II, Recycling, of this chapter and regulations adopted thereunder and provide customers with paper biodegradable 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.
The municipal waste collectors shall be responsible
for obtaining all weight and volume quantity data. Said data shall
be supplied to the Township on a quarterly basis, and fourth-quarter
data shall be supplied to the Township by January 15 for the preceding
year so that the Township may submit reports in accordance with Act
101[2] and other applicable laws and submit applications for
recycling performance grants. The municipal waste collectors shall
be responsible for obtaining all weight and volume quantity data for
leaf and yard waste and shall supply the data to the Township in accordance
with the guidelines in this section.
[2]
Editor's Note: See 53 P.S. § 4000.101
et seq.
F.
Offer to provide for the collection of bulk waste
twice per year, once in the spring and once in the fall, in accordance
with regulations adopted hereunder.
G.
Municipal waste collectors shall dispose of any leaf
waste at a Pennsylvania Department of Environmental Protection approved
facility.
H.
Municipal waste collectors shall reject leaf and yard
waste in plastic bags or bags that are contaminated by nonleaf trash
and full bags of grass clippings.
J.
Schedules and areas of operation. The licensee shall
advise the Township of its current rate 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.
[Amended 12-13-2007 by Ord. No. 288]
It shall be unlawful and a violation of this
article and grounds for recommending to the Department of Environmental
Protection 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.
Commingle any source-separated recyclable materials
or leaf waste collected within the Township with any municipal waste.
C.
Fail to provide for the proper disposition 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
materials 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.
[1]
Editor's Note: Former § 149-32,
Conditions of license issuance, was repealed 12-13-2007 by Ord. No.
288.
[Amended 12-13-2007 by Ord. No. 288]
The Board of Supervisors of Limerick Township shall have the right to recommend to the Pennsylvania Department of Environmental Protection 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 or his or its agents, servants or employees fail to comply with any provision of § 149-28, 149-29, 149-30, or 149-31 of this article or of any regulation adopted hereunder.
The collection of municipal waste and recyclable
materials by municipal waste collectors shall be made in compliance
with the regulations to be adopted by the Board of Supervisors of
Limerick 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. Said rules and regulations
may be amended, modified and repealed by resolution of the Board of
Supervisors.
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 any provision of
this article or 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, Limerick 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.
