[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
The Mayor is authorized to issue permits in accordance with the terms hereof. Any permit granted under this article of this chapter shall be valid for a period of one year after its date of issuance and each permit shall be renewed annually before the expiration date set forth on the permit. Permits issued under and pursuant to this chapter are not transferable or assignable under any circumstances.
A. 
Application for a permit to construct, operate, establish or maintain a municipal waste storage, treatment, processing, disposal site or facility or a recycling facility shall be submitted in such written form as prescribed by the Township and shall be accompanied by the required fee.
B. 
After submission of the application and payment of the required fee, together with all plans, specifications and supporting data required to be furnished with said application, the Mayor shall have up to six months within which to review the application and its supporting data, to hold one or more public hearings before the Board of Commissioners regarding the proposed site or facility and either to grant or deny the permit. When the Mayor has determined that the application and its supporting data is complete and that the proposed site or facility meets the requirements of this chapter, and the regulations promulgated thereunder, a permit will be issued which issuance shall require the approval of the Board of Commissioners. If an application for a permit is denied, the fee, less an administrative processing fee shall be returned to the applicant. An applicant shall have the right to submit a new application for a permit no sooner than 12 months after the denial of any previously filed application.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
C. 
The plans, specifications and supporting data referenced in Subsection B hereof shall include the following:
(1) 
Design and construction plans, maps, specifications and such other supporting information and data as required by the Township, together with a written plan of operation delineating procedures to be carried out for the daily operation, types of wastes or recyclable materials to be accepted, and procedures for handling wastes and recyclable materials in the event of emergencies or shutdowns, shall be submitted with any application for a permit. The written plan of operation, in addition to the aforesaid information required to be furnished, shall include a narrative concerning:
(a) 
The proposed daily operation methodology of the proposed site or facility.
(b) 
The nature of the solid wastes or recyclable materials, by source and type of material, that will be accepted at the site or facility.
(c) 
The expected life of the site or facility and the proposed ultimate disposition of the site or facility.
(d) 
The anticipated environmental effects of the facility on the physical characteristics of the site or facility and the adjacent properties.
(e) 
A description of the technology underlying the operational methodology, together with a comprehensive history of the use of the technology, its effectiveness, its efficiency and its potential long-term impact.
(2) 
Topographic maps which shall include, at a minimum, the following information as it pertains to the area within one mile of the proposed site or facility property lines:
(a) 
The location of public and private water lines, supplies, wells, springs, streams, swamps, rivers and other bodies of water and public and private sewer lines and septic systems.
(b) 
The location of underground and surface mines showing the extent of deep mine workings, elevation of the mine pool and location of mine pool discharge.
(c) 
The location of gas and oil wells.
(d) 
The location of high-tension power line rights-of-way.
(e) 
The location of pipeline rights-of-way.
(f) 
The location of geologic and hydrologic features.
(g) 
The floodplain and location of the site or facility within that floodplain, water runoff from the floodplain and stormwater runoffs.
(h) 
The location of public and private recreational areas.
(i) 
A soils, geologic and groundwater report of characteristics of the are where the proposed site or facility will be located.
(j) 
The location of significant historical and architectural sites.
D. 
The fee for a permit shall be established from time to time, by resolution of the Board of Commissioners.
[Amended 8-8-2005 by Ord. No. 2578]
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
The Mayor is authorized to issue licenses in accordance with the terms hereof. Any license granted under this article of this chapter shall be valid for a period of one year after it date of issuance and each license shall be renewed annually before the expiration date set forth on the license. Licenses issued under and pursuant to this chapter are not transferable or assignable under any circumstances.
A. 
Application for a license to collect, transport and dispose of municipal waste or recyclable materials shall be submitted in such written form as prescribed by the Township and shall be accompanied by the required fee. Licenses shall be issued only to a person who or which provides satisfactory evidence that such person is capable of providing that necessary services and can comply with the provisions and intent of this chapter. The Township reserves the right to disapprove any application for a license.
B. 
The applicant for a license shall include the following information:
(1) 
The make, model, license plate number and size of each vehicle to be used for collection and transportation.
(2) 
The location, address and telephone number of the business office of the applicant.
(3) 
A certificate of the applicant's workmen's compensation insurance as required by the laws of the Commonwealth of Pennsylvania.
(4) 
A certificate of insurance coverage providing complete third-party comprehensive, bodily injury and property damage, liability insurance, the limits of which shall not be less than $1,000,000/$3,000,000 for bodily injury and $500,000 for property damage.
(5) 
Any other information which the Township may request and deem necessary prior to the issuance of a license.
C. 
Licenses shall be issued on a calendar year basis but may be suspended or revoked at any time by the Township for failure to comply with the provisions of this chapter.
D. 
If the application for a license is denied, the fee, less an administrative processing fee as established by resolution, from time to time, by the Board of Commissioners, shall be returned to the applicant.
[Amended 8-8-2005 by Ord. No. 2578]
E. 
Each vehicle used by a collector shall prominently display the name and number of the collector and the cubic yard capacity of the vehicle's body.
F. 
The fee for a license shall be in an amount as established by resolution, from time to time, by the Board of Commissioners.
[Amended 8-8-2005 by Ord. No. 2578]
G. 
Only one license need be obtained by each person, but a copy of the license shall be carried on each vehicle utilized for the transportation of recyclable materials where the point of origin or the destination of such material is within the boundaries of Whitehall Township.
Any person adversely affected by an action taken pursuant to the provisions of this chapter relative to the issuance of a permit or a license or any regulations promulgated pursuant thereto may appeal from that action to the Board of Commissioners within 30 days from the date of the action appealed.
A. 
After the effective date of this chapter, the Mayor may, with the approval of the Board of Commissioners, promulgate, and thereafter revise as appropriate, rules and regulations necessary to carry out the purposes and intent of this article including, but not limited to, regulations regarding the following aspects of proper municipal waste or recyclable materials management:
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(1) 
The criteria for determining the qualities and characteristics of materials that constitute municipal wastes or recyclable materials.
(2) 
The operation methodology of the site or facility and the onsite handling, including the separation, combination and containment of municipal waste and recyclable materials.
(3) 
Procedures and requirements for the use of a manifest or form which identifies the quantity, characteristics, composition, type and origin of municipal waste or recyclable materials received and accepted by the site or facility.
(4) 
Varieties, types and chemical compositions to be collected for recycling, both in the Township's curbside recycling program and at any drop-off centers or otherwise disposed in municipal waste.
(5) 
Preparation of recyclable materials for recycling.
(6) 
Separating, placing and combining recyclable materials in the official Township recycling binds.
(7) 
Exact location for curbside pickup, where those locations are not established or are otherwise unsatisfactory.
(8) 
Zones, routes and schedules for collection days.
(9) 
Times to set out and bring in the official Township recycling bins.
(10) 
Drop-off center locations, operating hours, materials accepted and other details.
(11) 
Designation of recyclable materials.
B. 
At the time of the promulgation of the proposed regulations referred to in this section, a copy of said proposed regulations shall be provided to the Board of Commissioners of the Township.
C. 
Alteration or suspension of regulations.
(1) 
The Mayor may alter or suspend any regulation for good cause or in the event of an emergency including, but not limited to, snow storms and floods, without prior notice, for a period of time not to exceed 30 days.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(2) 
Any alteration or suspension of a regulation for a period of time extending for more than 30 days shall be permitted only by affirmative vote of the Board of Commissioners.
D. 
The attached Whitehall Township Recycling Regulations,[1] consisting of one page, are hereby approved, adopted and enacted.
[1]
Editor's Note: Said regulations are included at the end of this chapter.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
A. 
The Mayor may immediately suspend a license or permit issued if a collector or permittee is in violation of any provision of this chapter or any of the promulgated pursuant thereto. Written notice of the suspension or revocation, which notice shall state the reasons for the suspension or revocation, the nature of the violation and the means to cure or correct said violation, shall be served upon the collector. If the violation is not cured or corrected within 10 days after receipt of the notice of suspension or revocation, or if no appeal is filed with the Board of Commissioners by the collector within said ten-day time period, the suspension shall become final and the collector's license or permit shall be deemed revoked. During any appeal period, substantial progress toward correcting any violations shall be made daily by the holder of the license or the permit. Citations shall be issued daily if progress is not deemed substantial by the Mayor.
B. 
The person affected by a license or permit revocation may reapply for a license or permit within 45 days of the revocation. If the applicant is able to demonstrate to the satisfaction of the Mayor an ability and willingness to comply with the provisions of this chapter, and the regulations promulgated pursuant thereto, the Mayor may grant a new license or permit. For the purposes of this chapter, a new application shall be filed accompanied by the required fee.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
Notwithstanding any of the other provisions of this chapter, if the Mayor determines that any holder of a license or permit is operating in violation of this chapter, or any of the regulations promulgated thereunder, or if any holder of a license or permit is operating in any illegal, unsafe or otherwise improper manner so as to endanger the public health, safety or welfare, the Mayor may order the holder of a license or permit to immediately discontinue operation. Upon failure to comply with such order, the Mayor may: request the Township Solicitor to commence appropriate civil action in a court of competent jurisdiction to secure a temporary restraining order, a preliminary injunction, a permanent injunction or other appropriate relief; or may declare the holder of a license or permit is creating a public nuisance and order immediate abatement of same, with the costs of such abatement to be borne and assessed against the holder of the license or permit and collected as permitted by existing law.
A. 
It shall be unlawful and shall be deemed disorderly conduct for any person to:
(1) 
Violate any of the provision of this chapter.
(2) 
Scavenge, remove, take, scatter or disturb recyclable materials which have been collected and assembled in containers, whether stored on private or public property or placed by a roadway or curb for collection. Scavenging shall not include the collection or picking up of scattered trash or debris, whether or not recyclable, from roadsides or public property with the intent of properly disposing of or recycling said waste.
(3) 
Damage, take, remove, deface or use for purposes other than approved recycling storage and collection, any crate, curbside container, bucket or other device issued or approved by Whitehall Township and/or the County of Lehigh as part of any recycling program, pilot program of effort.
(4) 
Construct, operate, establish or maintain a municipal waste storage, treatment, processing or disposal site or facility or recycling facility in violation of the provisions of this chapter, or without first having obtained a permit therefor.
(5) 
Collect, transport or dispose of municipal waste or recyclable materials in violation of the provisions of this chapter or without first having obtained a license therefor.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, 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 chapter continues shall constitute a separate offense. Provided, however, that any act which can also be prosecuted under any provision of the laws of the Commonwealth of Pennsylvania shall be considered a violation of the applicable state law and shall be prosecuted under such law and not under this chapter.