[HISTORY: Adopted by the Board of Supervisors
of the Township of Fairview as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-5-1990 by Ord. No. 3-1990]
This article shall be known as the "Solid Waste
Collectors' Licensing Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
Any person collecting or transporting municipal solid waste
for monetary or business purposes, including the municipality itself
if it undertakes the collection of municipal solid waste directly
and any business or institution within the municipality which generates
sufficient municipal solid waste to require disposal directly by its
own employee and equipment.
Transporting waste materials to an incinerator, sanitary
landfill, a resource recovery facility or other site, and making final
deposition.
Except as modified by the current contract between the designated
facility and Luzerne County, any garbage, refuse, industrial lunchroom
or office waste and other 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 in the Solid Waste Management Act[1] 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 natural person, association, partnership, firm or corporation.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
A.
General requirements.
(1)
No person shall act as a municipal solid waste collector
in this municipality without first obtaining a license from the Township
of Fairview pursuant to this article.
(2)
Each collector's license hereunder shall be effective
for a maximum of one calendar year, terminating on June 30 of the
year for which it was issued and subject to renewal upon application.
(3)
Application for a collector's license shall be made
on a form prescribed by the municipality and made to the agency designated
by the Township of Fairview. Each application must be accompanied
by proof of adequate insurance coverage. Proof of said insurance coverage
must be submitted to the county's designated facility prior to the
delivery of waste.
[Amended 7-7-2008 by Ord. No. 2-2008]
(4)
Any collector who possesses a valid license issued
by another municipality in the county shall be entitled to a license
conditioned only upon continuing compliance with this article and
any other solid waste ordinance of this municipality.
(5)
A license of another municipality, as provided in Subsection A(4) above, may be issued a license if he supplies proof of his holding a valid license in another municipality and sufficient additional information to fill out the application for a license.
[Amended 7-7-2008 by Ord. No. 2-2008]
(6)
No license is transferable from one collector to another
or one vehicle to another.
(7)
Upon receipt of said application, the agency designated
by the Township of Fairview shall either issue or refuse to issue
a license to the applicant within 30 days.[1]
[Amended 7-7-2008 by Ord. No. 2-2008]
[1]
Editor's Note: Original Section III(b), Licensing
fees, which immediately followed this subsection, was repealed 7-7-2008
by Ord. No. 2-2008.
B.
Management and collection requirements.
(1)
All vehicles used for the collection and transportation
of municipal waste must satisfactorily comply with the regulations
of the Commonwealth of Pennsylvania and any other solid waste ordinance
of the Township of Fairview.
(2)
All collectors shall place a copy of the license in
each vehicle operated in the municipality. Each vehicle shall bear
the number of the license plus a sequential number referring to the
vehicle in a conspicuous location on the exterior of the vehicle.
(3)
All vehicles shall be inspected and reinspected annually
by an agent designated by the municipality.
(4)
No licensed collector shall dispose of any municipal
waste collected in the Township of Fairview, Luzerne County, Pennsylvania,
except at the disposal facility designated by an executed contract
with Luzerne County.
The penalty for violation of this article, or
for operating without a license in accordance with this article, shall
be $500, plus all court costs, and revocation of the license. Each
day that a violation continues shall constitute a separate violation.
It is the responsibility of the Township of
Fairview to ensure that all terms and conditions of this article,
the Luzerne County Municipal Waste Management Plan and the Luzerne
County designated disposal facility contract are complied with by
the collectors.
[Adopted 7-7-2008 by Ord. No. 3-2008]
Definitions as used herein shall have the meanings as set forth
below:
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in real estate in the Township of Fairview
or otherwise having control of the property, including the guardian
of an estate of such person and the executor or administrator of the
estate of such person.
An individual, corporation, partnership or other group acting
as a unit.
A lot, plot or parcel of land, including any structures thereon.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches and yard trimmings,
tin cans, metals, mineral matter, glass crockery and dust and other
similar materials.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
An open space on the same lot with a structure.
All exterior property and premises and the interior of every
structure shall be free from any accumulation of rubbish or garbage.
The occupants of a structure shall dispose of all rubbish and
garbage in a clean and sanitary manner by placing such rubbish and
garbage in approved containers. It shall be unlawful to dump, burn,
bury, destroy or otherwise dispose of rubbish or garbage within the
jurisdictional limits of the Township of Fairview, except as approved
by the Township.
The owner of every dwelling shall supply approved leakproof,
covered, outside garbage containers of sufficient number so that all
garbage and refuse of all of the occupants of the premises can dispose
of their garbage and refuse in a garbage container and so that no
garbage and/or refuse is stored by any occupant of the premises outside
of a garbage container at any time.
The owner of any premises shall provide at all times approved
leakproof containers with close-fitting covers for the storage of
garbage and refuse until such time as the garbage and/or refuse is
removed from the premises for disposal.
Every owner in the Township of Fairview shall contract with
an individual, entity or firm which is a licensed hauler to have all
the garbage and rubbish generated on the premises by any of the occupants
of the premises removed and deposited in a licensed landfill on a
weekly basis or more often.
Whenever requested by the Code Officer of the Township of Fairview,
the owner of any real estate within the Township of Fairview shall
present proof adequate in the judgment of the Code Officer or his
designee that the owner of said real estate has a current contract
with a licensed garbage hauler to dispose of garbage and rubbish generated
on the premises on a weekly basis or more often. The owner of the
premises shall have 72 hours to provide proof to the Code Officer
or his designee that he has a current contract with a licensed garbage
or refuse hauler to provide sufficient service to satisfy the terms
and conditions of this article.
Any hauler picking up garbage or refuse in the Township of Fairview
shall be required to advise the Code Officer of the Township of Fairview,
in writing, within 72 hours after request from the Code Officer as
to whether an owner has a current contract for garbage and refuse
disposal from his premises within the Township of Fairview. Furthermore,
all licensed haulers shall cooperate with the Township of Fairview
Code Enforcement Officer in providing information in the event that
an action is instituted to enforce the terms and conditions of this
article.
Any person who shall violate the terms or conditions of this
article shall, upon conviction thereof, be subject to a fine of not
less than $200 and of not more than $1000, plus costs of prosecution,
and/or imprisonment for a term not to exceed 90 days, or both. Each
day that a violation continues after notice of the violation has been
served shall be deemed to be a separate offense.
A.
Notwithstanding the terms of this article, compost piles kept by
occupants or tenants of a structure shall not violate the terms and
conditions of this article, provided that the materials in the compost
piles do not generate any offensive odors and provided further that
said compost piles are secure so that animals do not spread the materials
from the compost piles around the premises.
B.
Further, nothing in this article shall supersede the provisions of
any ordinance of the Township of Fairview requiring recycling of certain
materials.
A.
This article may be enforced, in addition to any penalties set forth
herein or provided for under the law, by the Township in an action
in equity in the Court of Common Pleas of Luzerne County, Pennsylvania.
B.
The remedies provided herein for the enforcement of this article,
or any remedies provided by law, shall not be deemed mutually exclusive;
rather, they may be employed simultaneously or consecutively, at the
option of the Board of Supervisors.
As of the effective date of this article, Ordinance No. 3 of
1974 and Ordinance No. 1 of 1952 are hereby repealed. In addition,
any provisions in any other ordinances or resolutions inconsistent
with this article are hereby repealed.
The provisions of this article shall become effective five days
after it has been enacted and ordained as an ordinance of Fairview
Township.
