All domestic, commercial and industrial solid
waste generated, accumulated or stored upon any property within the
Township of South Whitehall shall be collected and removed by a responsible
person or collector. The responsible person or collector shall be
licensed by the Township of South Whitehall.
No person shall collect, remove, haul or convey
any refuse through or upon any of the streets or alleys of the Township
of South Whitehall, or dispose of the same in any manner or place
within the Township of South Whitehall, without first obtaining a
license therefor.
A. The fee for such license shall be an amount as established
from time to time by resolution of the Township Board of Commissioners.
B. All licenses shall be issued for the calendar year,
or such portion thereof as shall remain after the issuance thereof.
There shall be no reduction in the fee for a license issued after
the beginning of any calendar year.
C. Every person who shall apply for a license under this
section shall state the type or types of refuse to be collected, the
manner of collection and the place and method of disposal.
D. No license shall be granted unless the place and method
of disposal appears to conform to the requirements of this article.
E. No licensed collector shall make any change in the
arrangements for disposal of refuse collected by him without first
notifying the Township of South Whitehall in writing.
F. It shall be unlawful to permit an unlicensed collector
to collect or remove solid waste from any dwelling.
Each collector applying for a license shall
provide, with the application for license, either evidence of ownership
of an approved disposal area or evidence of a valid agreement, not
subject to cancellation, covering use of approved disposal area.
The collector shall not assign his license in
whole or in part without the written consent of the Township of South
Whitehall. Such consent does not release the collector from any of
his or its obligations and liabilities under the license. Any violation
of this article shall be sufficient cause for the immediate cancellation
of the license by the Township of South Whitehall.
Workmen's Compensation and Social Security Acts,
as amended, are deemed a part of the license. The collector shall
be obliged to provide Workmen's Compensation coverage and shall fulfill
the terms of that insurance. Furthermore, the collector shall indemnify
and save harmless the Township of South Whitehall and all its commissioners,
officers, agents and employees, successors and assigns, jointly and
severally, of and from all manner of losses, suits, actions, payments,
costs, charges, damages, judgments or claims or demands of any character,
name or description brought on account of any injuries or damages
received or sustained by any person, persons or property by reason
of any act, omission, negligence or misconduct of said collector,
his agents or employees in the execution of the license conditions.
The collector granted the license shall not
in any manner be construed as an agent, servant or employee of the
Township of South Whitehall but shall, at all times, be considered
and remain an independent contractor.
The collector shall also carry an insurance
policy providing complete third party comprehensive liability and
property damage insurance, covering not only the collector but also
the Township of South Whitehall, the limits of which shall be not
less than $300,000 per occurrence/$500,000 aggregate personal liability
and $100,000 property damage, and shall furnish the proper certificates
of insurance coverage to the Township of South Whitehall.
Faithful performance must be of the essence
of the license unless prevented by unavoidable accident, act of God
or public immunity, or any restrictions or embargoes imposed by the
federal government or any agency thereof; and, it is understood and
agreed that all solid waste shall be collected, removed and disposed
of in a skillful and businesslike manner satisfactory to the Township
of South Whitehall.
The collector shall deliver to the Township
Manager, together with the license application, at least 15 days prior
to the effective and renewal dates of the license, and at least 30
days prior to the termination date of the license, a certified list
of the collector's customer in South Whitehall Township. The list
shall become and remain at all times the property of South Whitehall
Township.
Any person who shall violate a provision of
this article or shall fail to comply with any of the requirements
thereof or conditions of a license issued under this provisions of
this article shall, upon conviction thereof, be sentenced to pay a
fine not to exceed $1,000 plus costs and, in default of payment of
said fine and costs, to imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.