[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.
