[Ord. 98-9, 12/10/1998, § I]
This Part shall be known as the "Municipal Solid Waste and Recycling
Ordinance of Allen Township."
[Ord. 98-9, 12/10/1998, § II]
The Board of Supervisors of Allen Township has determined that
the health and welfare of the citizens of Allen Township requires
the licensing of authorized collectors engaged in the collection of
municipal waste in the Township and further requires the mandatory
collection of recyclables by said collectors.
[Ord. 98-9, 12/10/1998, § III; as amended by Ord.
2007-04, 11/8/2007]
For the purpose of this Part the following terms, phrases, words
and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
and words in the singular number include the plural number, and the
word "shall" is always mandatory and not merely directory.
Anyone who performs an act for his immediate family or for
another person gratuitously (without any form of monetary or material
compensation therefor).
Any person desirous of being licensed as an authorized collector.
The residue from the burning of wood, coal, coke or other
combustible materials.
A person or persons authorized and licensed by Allen Township
to make collections of municipal waste and/or recyclables in accordance
with the terms of this Part.
The Board of Supervisors of Allen Township, Northampton County,
Pennsylvania.
All premises of residential properties, as that term is hereinafter
defined.
A general term referring to any person who collects, for
removal from premises, municipal waste and/or recyclables.
Paper, rags, street sweepings, excelsior, straw, boxes, old
cloths, mattresses, old shoes, leather, scrap, oilcloth, carpet, Christmas
trees, prunings from shrubs and trees, grass, trash and other flammable
waste materials which result from ordinary conduct of housekeeping.
Pertaining to any wholesale, retail, industrial, manufacturing,
transportation, or financial or professional service or office enterprise,
business or establishment located in the Township of Allen, County
of Northampton, Pennsylvania.
All wholesale, retail, industrial, manufacturing, transportation,
financial or professional service or office enterprise, or any similar
establishment located in the Township of Allen, Northampton County,
Pennsylvania.
Any activity or event sponsored or organized by a public
or private nonprofit organization for recreational, educational, cultural,
or civic purposes, which may be attended by members of the public,
whether or not an entrance or participation fee is charged therefor.
Any person, corporation or partnership performing municipal
waste collection and disposal and recycling services for the Township
pursuant to the awarding of a bid under the terms of this Invitation
to bid.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, of the type normally used to make packaging
cartons and boxes.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of municipal waste into or on the land or water
in a manner such that the municipal waste or a constituent thereof
enters the environment, is emitted into the air, or is discharged
to the waters of the Commonwealth of Pennsylvania.
Any property of at least 10 contiguous acres for which the
primary use of the land is the raising of crops or animals. For purposes
of this Ordinance residential structures on a farm shall be considered
Residential Properties so long as only ordinary Municipal Waste is
placed for collection as part of the Township's Municipal Waste
collection program.
Any waste generated during the normal course of farming activities
or operations, including but not limited to baling wire or other strapping
materials, residual agricultural products, farm machinery or implements,
manure or other livestock by-products, and other similar wastes.
All putrescible animal and vegetable matter resulting from the
handling, preparation, cooking and consumption of food, including,
but not limited to, table refuse, animal and vegetable, offal of meat,
fish and fowl, vegetables and fruits and parts thereof and other articles
and materials ordinarily used for food and which have become unfit
for such use or which are discarded for any reason.
All combustible rubbish, including, but not limited to, paper,
straw, excelsior, rags, rubber shoes, and such other rubbish as may
result from ordinary housekeeping or residential pursuits and which
may be burned by fire.
All ashes, including, but not limited to, the residue from the
burning of wood, coal, coke and other combustible materials for the
purpose of heating or cooking.
A incombustible rubbish, including, but not limited to, discarded
articles or materials except sewage, liquid waste, grass clippings,
garbage and combustible rubbish and other articles and materials ordinarily
resulting from ordinary housekeeping or residential pursuits, including
household appliances (white goods), furniture (indoor and outdoor),
and other bulky items generated by residential households.
Hazardous wastes, hazardous substances, hazardous materials,
toxic substances, hazardous air pollutants or toxic pollutants, as
those terms are used in any law, guideline, regulation or ruling of
any official governing body and petroleum products, including gasoline,
diesel fuel, motor oil, waste or used oil and heating oil.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools,
universities, churches, and social or fraternal societies and organizations.
Leaves from trees, bushes, and other plants, garden residues,
chipped shrubbery and tree trimmings, and similar material capable
of composting, but excluding grass clippings.
Any person licensed by the Township to collect, haul, transport,
and dispose of municipal waste.
Printed matter, also known as "periodicals," containing miscellaneous
written pieces published at fixed or varying intervals, printed on
glossy or chemically coated paper. Expressly excluded are newspapers
and all other paper products of any nature whatsoever.
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains five or more dwelling units.
Any office or other property under the control of any branch
or arm of the Federal government of the United States of America,
the Commonwealth of Pennsylvania, or any political subdivision of
the Commonwealth of Pennsylvania, including, but not limited to, the
Township of Allen, and any counties, cities, boroughs, townships and
municipal authorities.
Any garbage, refuse, industrial lunchroom, or office waste
and other material including solid, liquid, semi-solid, or contained
gaseous material resulting in the operation of residential, municipal,
commercial, industrial, or institutional establishments and from community
activities, including any trace amounts of hazardous waste normally
found in household trash, garbage, or refuse, and any sludge not meeting
the designation of residual or hazardous waste in the Solid Waste
Management Act from a municipal, commercial, industrial, or institutional
water supply treatment plant, wastewater treatment plant, or air pollution
control facility. The term municipal waste specifically includes leaf
waste, brush, grass clippings, and large appliances or white goods
which are not recyclables. The term does not include recyclables or
noncollectibles as said terms are defined herein,
Paper of the type commonly referred to as "newsprint" and
distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing advertisements
and other matters of public interest. The term "newspaper" expressly
excludes glossy advertising inserts, magazines, glossy or other chemically
coated paper, office paper, and any other paper products of any nature.
Includes, but not be limited to, automobile parts, building
materials, farm waste and hazardous waste, as herein defined, and
shall not include municipal waste.
Any individual, partnership, corporation, association institution,
cooperative enterprise, municipality, municipal authority, Federal
Government or agency, State institution or agency, or any other legal
entity whatsoever which is recognized by law as the subject or 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 other
legal entity having officers and directors.
Empty plastic food and beverage containers, the specific
types of which may, from time to time, be designated by resolution
of the Township.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste, or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include but are not limited to transfer stations, composting facilities,
and resources recovery facilities.
Food and beverage containers made of clear or colored glass;
aluminum, steel and bimetallic cans; scrap metal not exceeding three
feet in any dimension; plastic containers made from PET, and HDPE
plastic and bearing the standard plastic industry labels 1-PETE and
2-HDPE; newspaper; corrugated paper; large appliances (white goods);
and any other materials which may be designated, from time to time,
by Allen Township.
The standardized containers issued or approved by the Township
for the purpose of collecting, storing and placing recyclables at
the curbside for collection by a licensed authorized collector.
Shall have the same meaning as municipal waste.
Shall be of or pertaining to any dwelling unit used as a
place of human habitation where one or more individuals live and which
is not commercial, municipal, institutional, or a community activity.
The term shall apply equally to owner occupied dwellings and apartment
buildings consisting of two or less dwelling units, as well as to
full-time and/or part-time residences. Home occupations incidental
to a residential use within a building are considered "residential."
Any person or person living within the boundaries of the
Township of Allen, County of Northampton, Pennsylvania, and shall
not include Commercial properties.
All materials not included in the definitions of garbage,
combustible materials and ashes. This term includes furniture, washers
and dryers, bicycles, stoves, refrigerators and any other large items
which may be the result of ordinary housekeeping.
Leaves, branches, trees, sawdust, chips, shavings, wood,
wooden-ware, leather, rags, grass, straw, manure, and all solid combustible
matter not included in this Section under the definition of "Garbage."
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such municipal waste.
It shall be presumed that the containment of any municipal waste in
excess of 90 days constitutes disposal. This presumption can only
be overcome by clear and convincing evidence to the contrary.
The Township of Allen, Northampton County, Pennsylvania.
The off-site removal of any municipal waste at any time after
generation thereof.
A material whose original purpose has been complete and which
is directed to a disposal or processing facility or is otherwise disposed
of. The term does not include source-separated recyclable materials,
as that term is herein defined, or material approved by the Commonwealth
of Pennsylvania Department of Environmental Protection for beneficial
use.
[Ord. 98-9, 12/10/1998, § IV]
A curbside collection program is hereby established for the
collection of municipal waste and the separate collection of recyclables
from all residential properties located within the Township of Allen.
This curbside collection program shall not be applicable to commercial,
industrial, or institutional establishments, nor shall it apply to
any farm waste generated by farming activities except for that waste
generated by residential activities located on a farm. The owner of
an apartment building consisting of three or more dwelling units shall
leave the option of providing for the collection of municipal waste
through the Township's curbside collection program or through
another authorized commercial collector. The Allen Township Board
of Supervisors may, in its sole discretion, designate one authorized
collector as the sole provider of the Municipal Waste Curbside Collection
program within Allen Township, and one authorized collector as the
sole provider of the Recyclables Curbside Collection Program. Nothing
contained herein shall prevent the Board of Supervisors, if it determines
that the same is in the best interests of the Township, from designating
one authorized collector as the sole provider for the collection of
both municipal waste and recyclables within Allen Township.
[Ord. 98-9, 12/10/1998, § IV]
1.
It shall be unlawful for any person to store, dump, discard, or deposit,
or to permit the storage, dumping, discarding, or depositing of, any
municipal waste or recyclables upon the surface of the ground or underground
within the jurisdictional limits of the Township, except in proper
containers for purposes of storage or collection and except where
the waste is of such size or shape as not to permit their being placed
in such containers. It shall be unlawful for any person to dump or
deposit any municipal waste or recyclables in any stream or body of
water within the jurisdictional limits of the Township.
2.
Every owner of property or occupant thereof responsible for such
property's day-to-day operation or maintenance shall pick up
and discard in an appropriate receptacle any municipal waste, recyclable,
or other debris deposited or accumulated on the sidewalk or gutter
area in front of or adjacent to such property. All owners or operators
of commercial, industrial, institutional and municipal establishments
in the Township shall take all reasonable precautions to prevent the
deposit and accumulation of debris in front of their premises, and
in furtherance of that end, may place appropriate waste containers
in front of or adjacent to their premises at a point which will not
create a hazard to traffic or pedestrians. Any such receptacle so
placed shall be emptied on a regular basis by an authorized commercial
collector and maintained in a neat and clean appearance.
3.
It shall be the duty of every owner of property and every person
occupying a dwelling unit, premises, or place of business within the
Township where municipal waste or recyclables are generated and accumulated,
at his own expense and cost, except as otherwise specified in this
Part, to provide and keep at all times a sufficient number of containers
to hold all municipal waste accumulated between intervals of collection
of such waste by an authorized collector; and to ensure the sanitary
and legal disposal of such waste in accordance with this Part and
all other Township, State and Federal applicable laws and regulations.
4.
All waste materials resulting from the building, structural alteration,
repair, construction or demolition of buildings or structures shall
be disposed of as permitted by the regulations of the State Department
of Environmental Protection or pertinent ordinances or regulations
of the Township. It shall be the responsibility of the property owner
to ensure the disposal of such waste in accordance with applicable
laws and regulations.
5.
Nothing contained herein shall be deemed to prohibit any person from hauling municipal waste or recyclables on an irregular and unscheduled basis to any facility permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection provided that such hauling shall be in addition to, and not in place of, the regular removal of municipal waste or recyclables as required in § 20-108 below.
6.
Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of his farming operation, including composting
and spreading of manure or other farm-produced agricultural wastes.
[Ord.98-9, 12/10/1998, § V]
1.
The storage of all municipal waste shall be practiced so as to prevent
the attraction, breeding, or harborage of insects or rodents and to
prevent conditions which may create potential hazards to the public
health or which may create fire and other safety hazards, odors, unsightliness,
or public nuisance.
2.
It shall be unlawful for any person to deposit for collection any
waste not generated at the address from which collection is made or
to bring any waste into the Township or from one address to another
in the Township for the purpose of taking advantage of the collection
service or to avoid the cost of collection.
3.
Any person accumulating or storing municipal waste on private or
public property in the Township for any purpose whatsoever shall place
the same, or cause the same to be placed in sanitary closed or covered
containers in accordance with the following standards:
A.
Containers used for the storage of municipal waste shall be of metal,
plastic or fiberglass construction; rust and corrosion resistant,
equipped with lids and waterproof and leakproof (except that lids
shall be optional on large bulk containers commonly known as "dumpsters").
B.
All garbage shall be drained of excess liquids and wrapped in paper
or be placed in plastic bags before being placed in the waste storage
containers described above, and all ashes shall be free of any burning
material before being deposited for collection.
C.
No person, except the occupants of the property on which a waste
container is placed, an authorized licensed collector, and the Township's
Code Enforcement Officer or other authorized representative of the
Township shall remove the lids of the container and/or remove the
contents thereof.
D.
All hazardous waste, including, but not limited to, municipal waste
of a highly flammable or explosive nature, or highly infectious or
contagious municipal waste, shall not be stored for ordinary collection,
but shall be specially disposed of in accordance with the directions
of the Township or of any State or Federal authority having jurisdiction.
E.
Containers, other than bulk containers, shall be placed at such locations as referred to in § 20-107 herein.
F.
Bulk containers (such as dumpsters) shall be placed, whenever possible,
at ground level and at a point on the property being serviced by the
collector which will enable clear and easy access to the container
by the collector's vehicle.
G.
Bulk containers shall not be permitted to overflow or to have waste
strewn or left about them on the ground. A violation of this provision
shall be deemed a violation of this Part by the person on whose property
the bulk container is located, if it is located on private property.
[Ord. 98-9, 12/10/1998, § VI]
1.
The storage of all recyclables shall be practiced so as to prevent
the attraction, breeding, or harborage of insects or rodents and to
prevent conditions which may create potential hazards to the public
health or which may create fire and other safety hazards, odors, unsightliness,
or public nuisance.
2.
Each resident of the Township shall recycle all recyclables. Residents
shall have a duty to place all recyclables except newspapers and corrugated
paper in the recycling container which shall be supplied by the Township
to each residence in the Township. Newspaper shall be placed in paper
bags or tied both across and lengthwise in bundles not exceeding 35
pounds nor exceeding one foot in thickness and shall be placed next
to or in the recycling container. Corrugated paper shall be tied both
across and lengthwise in bundles not exceeding 35 pounds nor exceeding
one foot in thickness and shall be placed next to the recycling container.
3.
All recycling containers provided by the Township shall remain the
property of the Township. Whenever a resident moves out of the Township,
recycling containers shall be turned into the Township at the time
said resident obtains his moving permit. The Township shall issue
the recycling container to the next succeeding resident. No person
shall damage, take, remove, deface or use for purposes other than
approved recycling storage and collection, any recycling container
issued by the Township.
4.
Each resident is required to have a recycling container as provided
by the Township, for storage of recyclables.
[Ord. 98-9, 12/10/1998, § VII]
All owners of property within the Township of Allen shall provide
for the regular preparation, collection and removal of all municipal
waste and recyclables generated at such properties in one of the approved
manners set forth herein.
1.
It shall be the responsibility of each and every Resident to place
the refuse and recyclable receptacles at the curbline, where applicable;
and, in the event of streets without curbing, at the berm of the state
or Township road, but in no case more than 10 feet from the edge of
pavement. Further, it shall be the responsibility of resident to clear
a pathway to the refuse receptacles in the event of snow so as to
make the same easily accessible to the collector.
2.
Collections of municipal waste shall be made by the collector one
time a week, on a regular schedule. Collections of recyclables shall
be made by the collector on a regular schedule on at least a bi-weekly
basis and on the same day as collection of municipal waste. In the
event a national holiday falls on a regularly scheduled collection
day, the collection may, at the option of collector, be changed to
the next day following said national holiday. In this regard, it will
be the responsibility of the collector to notify residents of said
change by advertising the same in the Morning Call, no less than one
time and no less than one-week prior to the regularly scheduled collection
day; said advertisement to be placed in a timely fashion so that residents
are assured of notification prior to the regularly scheduled collection
day; or, alternatively, provide each resident, prior to the beginning
of the calendar year or initial service, a schedule denoting exceptions
to the normally scheduled collection day.
3.
If a person or establishment (being so authorized by the terms hereof)
collects and removes their own municipal waste or recyclables, they
shall do so at intervals short enough to prevent accumulations of
refuse or garbage that may be unsafe, unsightly, or potentially harmful
to the public health.
4.
Every owner or occupant of residential property and every other person
who, or establishment, shall either:
A.
Utilize the services of the authorized residential collector designated
by the Township as the sole provider of collection services for municipal
waste, recyclables, or both; or
B.
Contract with an authorized, licensed commercial collector for the
regular, scheduled collection and removal of the municipal waste and
recyclables at least once each week or as otherwise provided for herein.
5.
As stated above, municipal waste shall be prepared for collection
and be collected and removed from such person's or establishment's
properties at least once each week.
6.
No person other than an authorized, licensed collector shall collect
or remove municipal waste or recyclables from any other person's
property. All agreements for collection, transportation, and disposition
of municipal waste and recyclables for commercial properties shall
be by private contract between the owner or occupant of the property
where the waste is generated and the authorized, licensed commercial
collector who is to collect such waste.
7.
Hours of collection shall be set by the authorized, licensed collector
with the approval of the Township. All collection services however
shall be performed in such a way as to not disturb any neighbors at
the time of collection.
8.
Nothing herein shall limit the right of the Township to implement
public collection of solid waste or recyclables either by entering
into contracts or by engaging in any collection practice permitted
by law.
9.
Nothing in this Section shall impair the ability of the Township
to provide a system of placement for removal and public collection
of leaf waste, or for Township residents to utilize such system of
public collection of leaf waste, anything herein contained to the
contrary notwithstanding.
10.
Authorized, licensed collectors shall be responsible for the sorting
and/or marketing of any recyclables collected.
[Ord. 98-9, 12/10/1998, § VIII]
1.
Any person transporting municipal waste or recyclables within the
Township shall prevent or remedy any spillage from vehicles or containers
used in the transport of such materials.
2.
All persons authorized to collect municipal waste or recyclables
shall do so in vehicles that are provided with either closed, covered
containers or which have measures taken to prevent waste from being
blown or falling from the vehicle.
3.
All collection vehicles to be used by collector shall be self-propelled,
be of metal construction, be securely covered, watertight and kept
thoroughly cleansed and painted. Identification numbers shall be permanently
affixed to each vehicle, and the name and telephone number of collector
shall be displayed on either side of the vehicle in letters and numbers
easily legible. The collector shall at all times maintain a sufficient
number of back-up vehicles to assure an uninterrupted collection schedule.
Further, said vehicles shall conform to all local, state and federal
laws, rules and regulations, having jurisdiction to regulate said
vehicles.
4.
The transfer of waste from one collection vehicle to another may
not take place in the Township of Allen, except on private property
in those areas of the Township for which a waste transfer station
or facility is permitted. No such transfer may take place on any public
right-of-way, and no such transfer operation may block traffic, create
litter, or in any other manner constitute a nuisance, create a health
hazard, or violate any other ordinance of the Township or provision
of statutory law.
[Ord. 98-9, 12/10/1998, § IX]
Any authorized collector or other person who desires to place
any large bulk container commonly known as a "dumpster" on a street
or other public right-of-way in the Township of Allen shall, prior
to such placement, obtain from the Township a permit authorizing such
placement. One such permit shall be obtained for each dumpster to
be placed on any public street or right-of-way. A fee may be collected
by the Township for each such permit issued, in an amount to be established
by resolution of the Board of Supervisors of the Township. The permits
required hereunder shall be in the form of a sticker or other device
capable of being affixed to the dumpster for which the permit is issued,
and the permit shall be so affixed to the dumpster by the permittee
in accordance with instruction of the Township pertaining thereto.
The permits issued pursuant to this Section shall be nontransferable
and may be used only by the permittee to whom originally issued, for
the dumpster and at the location for which originally issued.
[Ord. 98-9, 12/10/1998, § X]
The Township is hereby authorized to collect municipal waste
from Township property, to provide public litter baskets on sidewalks
in the Township, and to dispose of such waste in either a receptacle
of a licensed authorized collector or at designated disposal sites.
[Ord. 98-9, 12/10/1998, § XI]
All owners of nonresidential property within the Township of
Allen shall, upon request by the Township, furnish to the Township,
on a form to be provided therefor, the name and address of the licensed
collector servicing the property in question.
[Ord. 98-9, 12/10/1998, § XII]
Leaf waste shall be kept separate from other forms of municipal
waste, and shall be disposed of in a manner to be designated, from
time to time, by resolution of the Board of Supervisors.
[Ord. 98-9, 12/10/1998, § XIII]
Brush will be tied by Resident in bundles not to exceed 50 inches
in length and 16 inches in diameter. Each garbage can and/or bag shall
not exceed 50 pounds.
[Ord. 98-9, 12/10/1998, § XIV]
The presence of any articles containing a person's name
among municipal waste or recyclables shall create a rebuttable presumption,
for purposes of this Part, that said municipal waste or recyclables
is the property of the person whose name is found therein. This presumption
can only be rebutted by clear and convincing evidence to the contrary.
[Ord. 98-9, 12/10/1998, § XV]
1.
It shall be unlawful for any person, other than such persons as are
duly authorized by the Township, to collect and to transport municipal
waste or recyclables of any nature within or from the Township. Authorization
shall be given only as set forth below. Authorization to collect,
transport, and dispose of municipal waste or recyclables for persons
other than one's self or for whom one is acting as an agent (as
defined in this Part) may be given only by the Township through the
issuance of an "Authorized Residential Collector's License" or
"Authorized Commercial Collector's License."
2.
All licensed authorized collectors shall have an affirmative duty
to follow and conduct themselves in accordance with their current
license, failure of which shall be a violation of this Part.
3.
All applications for such licenses shall be evaluated and approved
in accordance with the following criteria:
A.
An Authorized Collector's License may be issued to only those
persons who can comply with the provisions and intent of this Part.
B.
Applicants for an Authorized Collector's License must furnish
the following information on a form to be prescribed and provided
therefor by the Township:
(1)
The name, address and telephone number of the authorized collector
making application.
(2)
The vehicle registration number, state of registration and the
make, model and size of each vehicle to be used for collection and
hauling.
(3)
A list of all of the applicant's current customers in the
Township, upon demand made for the same by the Township.
(4)
A certificate of the applicant's insurance coverage certifying
the maintenance by the applicants of complete third-party comprehensive
and liability insurance covering Bodily Injury and Property Damage
and Personal Injury limits of which shall be not less than $1,000,000
per occurrence/$1,000,000 aggregate as well as a $4,000,000 Commercial
Umbrella Liability Policy.
(5)
A certificate of the applicant's Workman's Compensation
Insurance, as required by law.
(6)
Any and all additional information which the Township may request
and deem necessary prior to the issuance of a license.
C.
The Township may deny an Authorized Collector's License for
any of the following reasons:
(1)
If the applicant's license has previously been revoked
or suspended.
(2)
If the applicant has violated, or is violating any ordinance
of the Township of Allen, the Solid Waste Management Act, the Municipal
Waste Planning, Recycling and Waste Reduction Act, or any regulations
of the Department of Environmental Protection relating to the environment
and to solid waste, or has been convicted of any such violation.
(3)
If the applicant has any uncollected judgments filed against
him resulting from lawsuits filed against him by any customer.
(4)
Where, in the Township of Allen or elsewhere, the applicant
has failed to fulfill his duties as a municipal waste collector in
general, or in particular has failed to pick up municipal waste in
a workmanlike manner on a regularly scheduled basis.
D.
Authorized Collector's Licenses shall be issued on a calendar
year basis, but may be revoked at any time by the Township in accordance
with the following:
(1)
Failure of the licensee to furnish and provide collection and
disposal of municipal waste in accordance with the terms of this Section
and the conditions under which the license was issued.
(2)
Administrative Proceedings.
(a)
In case of violation or failure to comply with the provisions
of this Section, the Board of Supervisors shall give the licensee
an opportunity for a hearing thereon. Any licensee so entitled to
a hearing shall have 10 days after notice of his right to a hearing
is given to him pursuant to this Section within which to request such
a hearing in writing. Failure of the licensee to so request a hearing
shall be deemed to constitute an admission of the violation with which
he is charged and which forms the basis of the revocation of his license.
In case the licensee does request a hearing in accordance with this
Section, a hearing shall be scheduled before the Board of Supervisors,
and the licensee shall be given 10 days, written notice of the time
and place of the hearing at which he may appear and answer the charge,
(b)
Upon determination that a violation did occur, the Board of
Supervisors may issue a warning or may revoke the license.
(3)
The issuance of an Authorized Collector's License under
this Section does not grant a vested right to any collector to a continued
right to haul or collect refuse in the Township of Allen and the Township
of Allen, and the Township reserves the right to amend its Municipal
Solid Waste Management Plan at any time or to contract for municipal
waste or to initiate the public collection of municipal waste.
E.
Conditions relating to Authorized Collector's Licenses.
(1)
All annual fee shall be paid for an Authorized Collector's
License in accordance with a schedule of charges established by resolution
of the Board of Supervisors. The license fee shall not be pro-ratable.
The fee shall be submitted with each application for a license. Payment
shall be made by check only, payable to the "Township of Allen."
(2)
Number of Vehicles. Persons receiving an Authorized Collector's
License shall not vehicles other than those designated on the application.
A license applies only to the vehicles listed on the license and may
not be transferred to any other vehicle not listed on the license.
Any change in the listed vehicles as reported in the application for
license must be reported to the Township at least five days prior
to the date such a change will take place except in an emergency,
provided the Township is promptly notified thereof. The use of a temporary
replacement vehicle by reason of the withdrawal of a vehicle from
service for scheduled or unscheduled maintenance shall not require
modification of the license, but shall be reported to the Township
immediately by the collector.
(3)
Licensees shall have placed on the doors or each side of the
body of each vehicle the name of the authorized collector, the telephone
number of the authorized collector's office and Headquarters,
the type of waste being transported therein. The size of such lettering
shall be no less than six inches in height and clearly legible. Vehicles
shall be so marked within 10 days after the commencement of their
use in the Township.
(4)
The licensee shall be responsible for maintaining each vehicle
used for collection in the Township in good operating condition to
assure that the schedule of collections can be maintained. The vehicles
must be kept clean and painted so as to present a favorable appearance.
The Township shall have the right to inspect all vehicles prior to
the issuance of a license and during the period the license is in
effect.
(5)
Licensees shall be responsible for the manner in which their
employees perform work pertaining to collection, hauling and disposal
of municipal waste under the terms of this Part.
(6)
Licensees shall comply with the limitations on hours of collection set forth in § 20-108 of this Part.
(7)
The licensee shall pay all costs charged for the use of any
disposal facilities which he utilizes.
(8)
The Licensee shall provide written documentation of the tonnage
of recyclables collected and marketed on an annual basis in sufficient
detail for the Township to submit required reports to the Pennsylvania
Department of Environmental Protection or other authorized agency.
This data is to include the marketing date, the weight receipt number,
the market's name and address, the weight of the material sold,
the range and average price received per ton for each recyclable during
the year and other data which may be required by the Township for
reporting compliance.
[Ord. 98-9, 12/10/1998, § XVI]
All licensed authorized collectors doing business within the
Township shall make available to their customers the service of removal
of "white goods" (discarded major appliances, television sets, and
similar articles).
[Ord. 98-9, 12/10/1998, § XVII]
1.
It shall be the duty and responsibility of every owner of property
and every person occupying a dwelling unit, premise, or place of business
within the Township where municipal waste is produced and is accumulated
to pay a service fee for the collection and disposal of this waste,
except as otherwise provided by this Part, to a licensed authorized
collector, exclusive contractor or to the Township. For purposes of
this Part any owner of property containing more than one dwelling
unit shall be solely responsible for payment of said service fees
for the entire number of dwelling units located therein. A licensed
authorized collector, exclusive contractor or the Township may discontinue
service for non-payment of service fees by a resident or by a commercial,
institutional or industrial establishment. Discontinuance of service
due to non-payment of service fees shall not relieve the resident
or establishment from abiding by all of the requirements of this Part.
2.
All service fees established under an exclusive contract for the
collection of waste by the Township shall be established by a resolution
of the Board of Supervisors. Service charges so established shall
be reviewed at least annually and adjusted as necessary to insure
that costs involved in the collection and disposal of municipal waste
and/or recyclables under the exclusive contract, including the administrative
costs of the Township, are covered by the service charges.
[Ord. 98-9, 12/10/1998, § XVIII, as amended by
Ord. 2007-04, 11/8/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall 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 90 days. 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.
[Ord. 98-9, 12/10/1998, § XIX]
In the event any of the provisions of this Part is declared
unconstitutional, unlawful, or unenforceable by a court of competent
jurisdiction, such declaration shall not affect the validity of the
remainder of this Part or of this Part as a whole, but shall continue
in full force and effect as though the unconstitutional, unlawful,
or unenforceable provision had never been a part hereof,
[Ord. 98-9, 12/10/1998, § XX]
The various headings used throughout this Part are intended
only as an aid in its organization in order to facilitate ease of
reading and are not to be considered a substantive part of this Part.
In this Part, unless the context clearly indicates otherwise, the
singular shall include the plural; the plural shall include the singular;
and the masculine shall include the feminine and neuter.
