[Ord. 182, 12/19/1991, § 201]
The Washington County Board of Commissioners has approved and
adopted the Municipal Waste Management Plan for Washington County,
as amended December 1989, in accordance with the requirements of Section
501 of the Pennsylvania Municipal Waste Planning, Recycling and Waste
Reduction Act of 1988 (hereinafter referred to as "Act 101"). Said
plan has been duly ratified by the municipalities in Washington County,
including the Township of North Strabane. The Board of Supervisors
of North Strabane has the power and duty to adopt any ordinances which
it deems necessary to implement the required elements of said plan
by the authority vested in North Strabane Township pursuant to § 304
of Act 101. One of the requirements which North Strabane Township
may impose is that all persons obtain licenses to collect and transport
municipal waste subject to the plan to a municipal waste processing
and/or disposal facility properly permitted by the Pennsylvania Department
of Environmental Resources (DER) or other applicable regulatory agency.
Therefore, in order to protect the health and welfare of the residents
and businesses of North Strabane Township and to permit the more-effective
implementation of its police power, the Board of Supervisors finds
that all haulers of municipal waste be duly licensed by the Township.
[Ord. 182, 12/19/1991, § 202]
This Part shall be known and referred to as the "Waste Hauler
Licensing Ordinance," and the same may be cited in that manner.
[Ord. 182, 12/19/1991, § 203; as amended by Ord.
190, 4/13/1993, § 1]
The following words and phrases, as used in this Part, shall
have the meanings ascribed to them herein, unless the context clearly
indicates a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (SB 528, Act 1988-101, July 28, 1988).
The Township of North Strabane Board of Supervisors.
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
Real estate, portions of which are designated for separate
ownership, and the remainder of which is designated for common ownership
solely by the owners of those portions. For purposes of this Part,
real estate is not a condominium unless the undivided interests in
the common elements are vested in the unit owners and unless the condominium
contains a minimum of 25 units.
A portion of a condominium designated for separate ownership,
the boundaries of which are described pursuant to § 3205(4)
of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. § 3205(4).
The Pennsylvania Department of Environmental Resources.
The person who is the legal or equitable owner or is generally
in possession and control of any dwelling.
A group of not less than 25 individuals, each of whom owns
in fee simple the residence in which he or she resides, and the lots
upon which said residences are constructed are contiguous, one to
the other. The association may or may not be incorporated; but if
the association is unincorporated, it must be in compliance with the
requirements of the laws of Pennsylvania governing unincorporated
associations and, in addition thereto, must have a written agreement
executed by each member legally binding each member of the association
to the action of the association permitted by this Part.
The residence, habitat, home, apartment or other similar
place of residence or part thereof where an occupant, person, couple
or group of persons uses or occupies the same and where food or vegetables
are separately prepared for the use or consumption by such occupant(s)
or person(s).
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including, but not
limited to, hospitals, nursing homes, orphanages, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
Any municipal waste collector or hauler possessing a current,
valid municipal license issued by the Township of North Strabane pursuant
to this Part.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous 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” under Act 97 from a municipal, commercial or institutional
waste supply treatment plant, wastewater treatment plant, or air-pollution
control facility. The term does not include source-separated recyclable
materials.
Any facility that is designed, operated and maintained for
the disposal of municipal waste and permitted by the Pennsylvania
DER for such purposes.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency, or any other legal entity which
is recognized by law as the subject of rights and duties. In any provisions
of this Part 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.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such materials for off-site reuse. Processing facilities
include, but are not limited to, transfer stations, composting facilities
and resource-recovery facilities.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste, or
the mechanical separation and treatment of municipal waste (other
than combustion) and creation and recovery of reusable materials other
than a fuel for the operation of energy.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a solid
waste processing or disposal facility.
Materials that are separated from municipal waste at the
point of origin or generation for the purpose of recycling.
The Township of North Strabane.
The off-site removal of any solid waste at any time after
generation.
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For the purposes of this Part, the singular shall include the
plural, and the masculine shall include the feminine and the neuter.
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[Ord. 182, 12/19/1991, § 204]
1.
It shall be unlawful for any person to collect and/or transport municipal
waste from any residential, public, commercial, industrial or institutional
establishment within the Township without first obtaining a license
to so in accordance with the provisions of this Part.
2.
It shall be unlawful for any person to collect and/or transport municipal
solid waste from any sources within the Township in a manner not in
accordance with the provisions of this Part and the minimum standards
and requirements established in Chapter 285 of the DER Municipal Waste
Management Regulations.
3.
It shall be unlawful for any person to transport any municipal waste
collected from within the Township to any processing and/or disposal
facility other than those facilities which are properly permitted
by the Pennsylvania DER or other applicable regulatory agency.
4.
It shall be unlawful for any person to scavenge any material from
any municipal waste or source-separated recyclable materials that
are stored or placed for subsequent collection within the Township
without prior approval from the Board.
[Ord. 182, 12/19/1991, § 205]
1.
All collectors or waste haulers operating within the Township must
comply with the following minimum standards and regulations:
A.
All trucks or other vehicles used for collection and transportation
of municipal waste must comply with the requirements of Act 97, Act
101 and DER regulations adopted pursuant to Act 97 and Act 101, including,
but not limited to, Title 25, Chapter 285, Subchapter B, Regulations
for the Collection and Transportation of Municipal Waste.
B.
All collection vehicles conveying municipal waste shall be operated
and maintained in a manner that will prevent creation of a nuisance
or a hazard to public health, safety and welfare.
C.
All collection vehicles conveying putrescible municipal waste shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors and the creation of odors and other nuisances.
D.
All collection vehicles conveying nonputrescible municipal waste
shall be capable of being enclosed or covered to prevent litter and
other nuisances.
E.
All collection vehicles conveying municipal waste shall bear signs
identifying the name and business address of the person or municipality
which owns the vehicle and the specific type of municipal waste transported
by the vehicle. All such signs shall have lettering which is at least
six inches in height as required by Act 101.
2.
All collection vehicles and equipment used by licensed collectors
or haulers shall be subject to inspection by the Township or its authorized
agents at any reasonable hour without prior notification.
[Ord. 182, 12/19/1991, § 206]
1.
No person shall collect, remove, haul or transport any municipal
waste through or upon the streets of the Township without first obtaining
a license in accordance with the provisions of this Part.
2.
All collectors and waste haulers shall be licensed by the Township
and designated as a "licensed waste hauler" or a "licensed collector."
3.
The Township reserves the right to designate specific municipal waste
processing and/or disposal facilities where all licensed collectors
must transport and dispose of all municipal waste collected within
the Township.
4.
Any person who desires to collect, haul or transport municipal waste
within the Township shall submit a license application and any application
fee to the Township or its designated licensing representative. The
Township shall have a minimum period of 30 calendar days to review
any application and take approval or denial action.
5.
The license fee shall be set by resolution of the Board on an annual
basis. All licenses are nontransferable and shall be issued for a
period of one calendar year or such portion thereof as shall remain
after the initial issuance thereof. There shall be no reduction or
prorated fee for any license issued during the middle of any calendar
year.
6.
The license application form, which will be supplied by the Township,
shall set forth the minimum information required to establish the
applicant's qualifications for a license to collect and transport
municipal waste, including, but not limited to:
A.
Name and mailing address of the applicant.
B.
Name and telephone number of contact person.
C.
List of all collection vehicles to be covered under the license,
including identification information for each vehicle, such as vehicle
license number and company identification number.
D.
Type of municipal waste collected and transported.
E.
The manner of collection.
F.
The place and method of disposal.
G.
Certificate(s) of insurance to present evidence that the applicant
has valid liability, automobile and workman's compensation insurance
in the minimum amounts established and required by the Township.
7.
Any collector or hauler with an existing license shall submit a new
license application and license fee to the Township at least 60 days
prior to the expiration date of the existing license, if renewal of
the license is desired. New license applicants must submit a license
application and license fee at least 30 days before beginning collecting
and transporting municipal waste in the Township.
8.
No new license or license renewal shall be approved and issued to
any person who fails to satisfy the minimum standards and requirements
of this Part or is in violation of the provisions of this Part.
9.
As additional consideration for the granting of a commercial hauler's
license hereunder, each licensee shall pick up and dispose of municipal
waste and recyclable material at the Township Municipal Building and
Maintenance Garage in accordance with a schedule prepared by the Township
Manager.
10.
No licensed collector shall make any change in the arrangements for
municipal waste and recyclable material collection and disposal without
first receiving the written approval of the Board.
11.
The costs imposed by the residential licensed hauler for collection
and removal of municipal waste and recyclable materials as required
by this Part shall be in conformity with the written contract between
the Township and the residential licensed hauler.
12.
The residential licensed hauler shall prepare a schedule when municipal
waste shall be collected, removed and emptied by the hauler, which
shall occur at least once each week. The Township and the hauler shall
agree by contract as to the frequency of collection of recyclable
materials. The residential licensed hauler shall be responsible for
notifying the property owners in writing of the days when collections
will be made.
13.
All licensed haulers are permitted to collect, remove and transport
municipal waste and recyclable materials on all days of the week,
except Sunday. All licensed haulers shall not be permitted to collect,
remove and transport municipal waste or recyclable materials on any
holiday as the Board, by resolution, may designate. Unless otherwise
ordered by the Township Manager, the collection of municipal waste
and recyclable materials shall not commence before 6:00 a.m. and shall
be completed by 6:00 p.m. on any single day of collection.
14.
The Workmen's Compensation and Social Security Acts, as amended,
are deemed a part of the license. All licensed haulers are obliged
to provide workmen's compensation coverage and shall fulfill
the terms and conditions concerning licenses as provided by law and
shall indemnify and save harmless the Township and all its officers,
agents, employees, successors and assigns, jointly and severally,
of and from all manner of losses, suits, actions, payments, costs,
charges, damages, judgments or claims and demands of any character,
name or description brought on account of any injuries or damages
received or sustained by any person or property by reason of any act,
omission, negligence or misconduct of said licensed haulers, their
agents or employees in the execution of the license.
15.
Any hauler granted a license shall in no way nor in any manner be
construed as an agent, servant or employee of the Township, but shall,
at all times, be considered and remain an independent contractor.
16.
All licensed haulers shall carry insurance policies providing complete
third-party comprehensive liability and property damage insurance,
covering not only the hauler but also the Township, the limits of
which shall not be less than the amounts established by the Board
pursuant to the following subsection. The haulers shall furnish the
proper certificates of insurance coverage to the Township.
17.
The Board is authorized to adopt such further specifications and
regulations as reasonably may be required to effectuate and further
define the procedures, rights and duties set forth in this Part.
18.
The licensed hauler shall pick up all municipal waste and recyclable
materials on the property, in accordance with specifications established
by the Township.
19.
The provisions and requirements of this Part and any specification
and regulation adopted pursuant hereto shall be deemed incorporated
into each and every license. The licensed hauler, in accepting the
license, agrees to be bound thereby with the same force and effect
as if said provisions, requirements, specifications and regulations
were a contractual obligation of the licensed hauler.
20.
No hauler shall assign a license in whole or in part without the
written consent of the Township. Such consent does not release any
hauler from any of his obligations and liabilities under the license.
[Ord. 182, 12/19/1991, § 207]
In lieu of a license, the Township may seek and award one or
more contracts for the collection, transportation and lawful disposal
of waste and recyclables of any kind and nature. The award of any
such contract shall constitute a license to the recipient; provided,
however, that award of a contract pursuant hereto shall not relieve
or exempt the successful bidder from complying with this Part unless
exempted from such compliance in writing by the Township Manager or
the Board.
[Ord. 182, 12/19/1991, § 207A; as added by Ord.
190, 4/13/1993, § 2]
1.
Except as otherwise provided in this section, solid waste shall be
collected from households only by any hauler who has entered into
a contract with the Township pursuant to § 207 of this Part.
Apartment buildings with more than eight dwellings are excluded from
collection as well as business, commercial and industrial establishments
which shall arrange for their own collection, transportation and lawful
disposal of solid waste so as to comply with all applicable requirements
and obligations imposed by this chapter.
2.
Condominium associations with no less than 25 unit owners and homeowners'
associations with no less than 25 members may privately contract for
the collection, transportation and lawful disposal of solid waste
for the condominium units and the association members' residences
respectively and thus be exempt from any contract between the Township
and a hauler; provided, however, that:
A.
Said associations shall certify and guarantee to the Township, in
a form acceptable to the Township, that all units and members'
residences are bound by the aforementioned private contract and that
no condominium unit owner and/or homeowners' association member is
utilizing a hauler other than the hauler with whom the said associations
have entered into a contract for the collection, transportation and
lawful disposal of solid waste;
C.
Any such association must provide to the Township Manager such documentation
and other proof as reasonably required by the Township Manager to
verify the association's entitlement to the privileges of this
section.
[Ord. 182, 12/19/1991, § 208]
1.
All licensed collectors shall furnish satisfactory evidence to the
Township that they have equipment, by ownership or by valid lease
agreement, for collecting and disposing of materials in the performance
of their license and that all equipment complies with DER regulations.
All licensed collectors shall promptly report any significant changes
in the collection vehicles or equipment covered under the license
and insurance coverage changes to the Township.
2.
All licensed collectors shall maintain current, up-to-date records
of the customers serviced within the Township. Such records and customer
lists shall be subject to inspection and shall be delivered to the
Township Manager 120 days after the granting of the license to the
collector. A revised and updated list of customers shall be delivered
to the Township Manager annually thereafter.
3.
Each licensed collector shall prepare and submit a semiannual report
to the Township on forms supplied by the Township. The report for
the first half of the year (January through June) shall be submitted
on or before July 31, and the report for the second half of each year
(July through December) shall be submitted by January 31 of the following
year. At a minimum, the following information shall be included in
each report:
A.
Total weight of each type of municipal waste and recyclable collected
from all sources within the Township during each month of the reporting
period.
B.
Name of each processing/disposal facility used during the reporting
period and total weight of each type of municipal waste and recyclable
delivered to each site during each month of the reporting period.
[Ord. 182, 12/19/1991, § 209]
1.
It shall be the duty of every person in the Township as covered in
this Part, where any municipal waste shall be collected or removed,
to comply with all regulations pertaining to this Part. As used in
this section, the term municipal waste shall include recyclable materials.
2.
During any period wherein this Part is in effect, the following shall
apply:
A.
No person shall collect, remove or dispose of or permit the collection,
removal or disposal of any municipal waste other than by having the
same collected, removed or disposed of solely by a hauler licensed
by the Township.
B.
All persons shall do all acts, matters and things necessary for them
and each of them to subscribe to the services provided by a licensed
hauler, including, but not limited to, payment to the licensed hauler
for services rendered.
[Ord. 182, 12/19/1991, § 210; as amended by Ord.
240, 10/28/1997]
1.
The Township Manager shall have the right to determine the justification
of any complaint made by any person as to the service being rendered
by the residential licensed hauler. The Manager's decision shall
be final and binding on the hauler.
2.
Every licensed hauler or a representative thereof shall be available
on short notice from the Township Manager to discuss complaints or
problems arising from the hauler's discharge of duties imposed
by this Part.
3.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a District
Justice in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine in accordance with the following schedule:
A.
First offense: $50;
B.
Second offense: $100;
C.
Third offense: $250;
D.
Fourth offense: $500;
E.
Fifth offense: $750;
F.
Sixth offense and each and every offense thereafter: $1,000;
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plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Whenever any person
violating any of the provisions of this Part is notified of such violation
in writing by the Township Manager, each day that a violation of this
Part continues or each section of this Part which shall be found to
have been violated shall constitute a separate offense.
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4.
The Township shall have the right at any time, and without refund
of any license fee, to suspend or revoke the license of any licensed
collector or hauler for any of the following causes:
A.
Falsification or misrepresentation of any statements in any license
application.
B.
Lapse or cancellation of any required insurance coverage.
C.
Collection and/or transportation of any municipal waste or recyclable
materials in a careless or negligent manner or any other manner that
is not in compliance with the requirements of this Part.
D.
Transportation and disposal of any municipal waste or recyclable
materials collected within the Township at any site that is not properly
permitted by the Pennsylvania DER or other applicable regulatory agency.
E.
Violation of any section of this Part, any other applicable Township
ordinances or any applicable Pennsylvania laws or regulations.
F.
Breach of any hauling contract or bid specifications.
[Ord. 182, 12/19/1991, § 211]
The Township may petition the Court of Commons Pleas of Washington
County for an injunction, either mandatory or prohibitive, in order
to enforce any of the provision of this Part.
