[Ord. 2007-8, 9/17/2007]
This Part 3 shall be known and referred to as the "Municipal
Waste Collection and Transportation Ordinance of the Borough of Doylestown."
[Ord. 2007-8, 9/17/2007]
For the purpose of this Part 3, 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, the masculine shall include the feminine and neuter,
and words in the plural number include the singular number. The word
"shall" is mandatory and "may" is permissive. Words not defined shall
be given their common and ordinary meaning.
ACT 90
The Pennsylvania Waste Transportation Safety Act of 2002
(P. L. 596, No. 90, June 29, 2002).
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P. L.
380, No. 97, July 7, 1980).
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).
COLLECTOR OR WASTE HAULER
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste and/or source-separated recyclable materials.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a non-manufacturing or non-processing
business, including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
COUNTY
The County of Bucks of the Commonwealth of Pennsylvania.
DISPOSAL
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air or is discharged to the waters of this Commonwealth.
Disposal facilities include, but are not limited to, municipal waste
landfills and construction/demolition waste landfills as defined by
Act 101, Act 97, and/or PADEP rules and regulations (25 Pa. Code Chapters
75 and 271).
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or production
activities, including, but not limited to, factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in services, including,
but not limited to, hospitals, nursing homes, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
MUNICIPALITY
The Borough of Doylestown, Bucks County, Pennsylvania.
MUNICIPAL WASTE
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 water
supply treatment plant, wastewater treatment plant, or air pollution
control facility. The term does not include any source-separated recyclable
materials.
PADEP
The Pennsylvania Department of Environmental Protection.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, Federal
government or agency, State institution or agency, or any other legal
entity 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 other legal entity
having officers and directors.
PROCESSING
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 facilities, recycling facilities,
composting facilities, and resource recovery facilities.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the generation of energy.
SCAVENGING
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
TRANSPORTATION
The off-site removal of any municipal waste at any time after
generation.
[Ord. 2007-8, 9/17/2007]
Any person who shall violate any provision of this Part
3, upon conviction thereof, 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 30 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. For purposes of this Section, the doing of any act or thing prohibited by any provision of this Part, or the failure to do any act or thing as to which any provision of this Part creates any affirmative duty, shall constitute a violation of this Part punishable as herein stated. Licensed collectors and licensed waste haulers who shall violate any provision of this Part may be reported to the PADEP, by the municipality and may be subject to the revocation of the State authorization to transport municipal waste, as described in Act 90.
[Ord. 2007-8, 9/17/2007]
The municipality may petition the Bucks County Court of Common
Pleas for an injunction, either mandatory or prohibitive, in order
to enforce any of the provisions of this Part.
[Ord. 2007-8, 9/17/2007]
In the event that any section, paragraph, sentence, clause or
phrase of this Part, or any part thereof, shall be declared illegal,
invalid or unconstitutional for any reason, the remaining provisions
of this Part shall not be affected, impaired or invalidated by such
action.
[Ord. 2007-8, 9/17/2007]
Any ordinances or resolutions, or any part of any ordinance or resolution of the Borough of Doylestown, that conflicts with this Part
3 are hereby repealed insofar as the same is specifically inconsistent with this Part.