Borough of Sellersville, PA
Bucks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Sellersville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weed — See Ch. 55.
Sewers — See Ch. 121.
[Adopted 7-12-1971 by Ord. No. 405]
This article shall be known and may be cited as the "Sellersville Borough Refuse Storage, Collection and Disposal Ordinance of 1971."
Pursuant to the authorization granted by Section 1202 of Act No. 581 of February 1, 1966 (the Borough Code),[1] as amended, the purpose of this article is to promote, protect and facilitate the public health, safety, morals and general welfare by:
A. 
Regulating the accumulation and storage of solid wastes so as to:
(1) 
Retard the propagation and the harboring of rats, mice, mosquitoes, flies and other vermin;
(2) 
Eliminate filth and filthy deposits;
(3) 
Reduce the opportunity for the growth of pollen-bearing grasses and weeds;
(4) 
Eliminate attractive nuisances which may endanger the safety of children;
(5) 
Reduce the potential pollution of land, air or water and the disease-producing potential of decaying organic matter;
(6) 
Reduce the potential of spontaneous combustion and fire; and
(7) 
Generally promote harmonious, peaceful and comfortable neighborhood life by the elimination of nuisances.
B. 
Providing for the safe, orderly and economic collection and removal of accumulated waste.
C. 
Providing for the disposal of solid waste materials in safe and sanitary methods and in compliance with the Pennsylvania Department of Environmental Protection rules and regulations.
D. 
Complying with the purpose and intent of Act No. 241, the Pennsylvania Solid Waste Management Act.[2]
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202(1) et seq.
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context indicates otherwise:
ASHES
The residue resulting from the burning of wood, coal, coke or other combustible material.
AUTHORIZED COMMERCIAL COLLECTOR
A person, firm or corporation licensed to collect, convey and dispose refuse in accord with the provisions of this article.
BOROUGH
The Borough of Sellersville.
BUILDING or ACCESSORY STRUCTURE
A building or other structure constructed, existing and used in conformity with the zoning, building, housing and fire prevention ordinances, codes and regulations of the Borough of Sellersville.
BULKY WASTES
Large household appliances such as stoves, refrigerators, television sets, washing machines, etc., furniture and furnishings, plumbing fixtures, large crates, tools and machinery or parts thereof, junk automobiles and trucks, large auto parts, automobile tires and similar items.
CONSTRUCTION AND DEMOLITION WASTE
Lumber, roofing material, sheathing, rubble, broken concrete, plaster and brick, conduit, pipe, wire, insulation and similar material which results from a construction, demolition or remodeling process.
COUNTY
The County of Bucks and its regulatory agencies.
DWELLING UNIT
Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
GARBAGE
All animal and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods.
HOUSEHOLD RUBBISH
Paper, cardboard, wood, excelsior, plastics, rags and cloth, leather, rubber, grass, leaves, yard trimmings, metals, tin cans, metal foils, dirt, stones, bricks, ceramics, crockery, glass bottles and similar items normally produced by or originating from private residential occupancy.
INDUSTRIAL AND COMMERCIAL WASTE
Any material or substance which is a waste by-product of the industrial or commercial process, and shall include packaging materials and equipment used in the delivery or shipment of goods to or from the industrial or commercial site.
MUNICIPAL COLLECTION SERVICE
A collection service established and operated by the Borough of Sellersville, or private collection service under contract with the Borough.
NONCOLLECTABLE WASTE
Poisons, acids, caustics, explosives and other hazardous material that may cause damage or injury to collection equipment or personnel; human or animal excreta; and dead animals.
PERSON
Includes any natural person, association, partnership, firm or corporation.
REFUSE
All solid wastes, except body wastes, and shall include but not be limited to ashes, rubbish, garbage, industrial and commercial wastes and junk.
STATE
The Commonwealth of Pennsylvania and its regulatory agencies.
VEHICLE
Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
A. 
It shall be unlawful to dump, destroy or otherwise dispose of refuse within the jurisdictional limits of the Borough except at a state- or county-approved disposal site.
B. 
All refuse shall be deposited and disposed of at a site designated by the County of Bucks as a "county landfill" or other state-approved disposal site.
C. 
An exception to the above requirement to deposit or dispose of refuse at a state-approved site shall be for scrap or salvageable material which may be delivered or sold to a process for reclamation and salvaging.[1]
[1]
Editor's Note: Former Section 304, which immediately followed this subsection and which set forth penalties for violations of this section, was repealed 7-7-1997 by Ord. No. 604.
[Amended 7-7-1997 by Ord. No. 604]
A. 
It shall be unlawful for any person to cast, throw, sweep, sift or deposit in any manner in or upon any public way, sidewalk, waterway, storm sewer, sanitary sewer or land within the jurisdiction of the Borough any kind of dirt, refuse, rubbish, waste article, thing or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift or deposit any of the aforementioned items anywhere within the jurisdiction of the Borough in such manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain or snow, into any of the aforementioned places. This prohibition shall include any material, solid or liquid, which falls or runs from or is carried by the wheels of any vehicle.
B. 
Provided that this section shall not apply to the deposit of material under permit authorized by ordinance or regulation of the Borough; or to goods, wares, merchandise or materials deposited upon any public way or other public place temporarily in the necessary course of trade and removed therefrom within two hours after being so deposited; or to articles or things deposited or conducted into the sewer systems in accordance with the regulations or permits relating thereto.
A. 
No person shall accumulate or store or permit to be accumulated or stored on any property within the Borough of Sellersville any refuse in a method or in quantities not authorized by this article and as hereinafter specified; provided, however, that these regulations shall not apply to any refuse accumulated or stored within a building or accessory structure constructed and maintained in accordance with duly established health, zoning and building laws, codes and regulations.
B. 
Garbage may be accumulated and stored only in metal or rigid plastic containers not exceeding 20 gallons in capacity, and such containers shall be watertight and have a serviceable handle on both the container and lid, and the lid shall be tight-fitting. Garbage shall not be stored for a period exceeding seven days. An exception to the container size limitation shall be that restaurants, institutions and commercial food-handling and -processing users may use containers larger than 20 gallons with the approval of the collector.
C. 
Household rubbish.
(1) 
Authorized containers and packaging. Household rubbish shall be stored and/or prepared for collection only in the following containers and methods:
(a) 
Metal or rigid plastic watertight containers not exceeding 32 gallons in volume, equipped with a tight-fitting cover and serviceable handles, designed and capable of being easily handled by one man.
(b) 
Plastic bags not exceeding five cubic feet in volume, having a wall thickness of at least 1.5 mils and capable of having the opening securely tied or fastened.
(c) 
Tree trimmings, shrubbery clippings and similar material shall be cut in lengths not to exceed four feet and securely tied in bundles not more than two feet in diameter.
(d) 
The maximum weight of any filled container, bag or bundle shall be 60 pounds.
(2) 
Storage area and storage time limit. Household rubbish shall not be stored in an area exceeding 20 square feet or a space exceeding 60 cubic feet, nor shall it be allowed to remain in storage in excess of 14 days.
(3) 
General storage methods.
(a) 
Generally, household rubbish shall be stored in containers as authorized by Subsection C(1) hereof. Where metal or rigid plastic containers are used, the bottoms and sides of such shall be kept free of residual liquids and solids by periodic cleaning.
(b) 
Garbage shall be drained of liquid, wrapped securely in paper or in a plastic bag and placed in a container with other household rubbish. No garbage may be mixed with household rubbish unless so prepared.
(c) 
All rubbish shall be drained free of liquids before deposited in containers.
D. 
Ashes shall be stored and placed for collection in metal containers not exceeding 20 gallons with functional handles. The maximum weight of any filled container shall be 60 pounds.
E. 
Newspapers, magazines and cardboard shall be stored in buildings or structures where such material is protected from action of rain, snow or wind. Newspapers and magazines shall be segregated for collection and securely tied in separate bundles with rope or cord. Cardboard and corrugated paper shall be cut or folded to sizes not exceeding 24 inches square and securely tied into bundles with rope or cord. Cardboard or corrugated paper boxes shall not be used as containers for other types of refuse.
F. 
Industrial and commercial waste stored outside of buildings shall be stored in containers of suitable size, shape and material so as to prohibit the waste from being scattered by wind or rain and shall prohibit accessibility of such waste to rodents and other vermin. An exception to the container requirement shall be for an inorganic industrial by-product waste of such quantity that container storage is impractical. In such latter instance, storage shall be by a means which will prohibit the waste material from becoming a practical nuisance to the neighborhood. In all instances, putrescible wastes shall not be stored for periods exceeding seven days, and all other wastes shall not be stored for periods exceeding 30 days.
G. 
Construction and demolition waste may be stored upon the land where actual construction or demolition is in progress; provided, however, that such waste shall not be stored for a period exceeding 90 days, and shall not be stored in a way which will allow it to be scattered by wind or rain.
H. 
Bulky waste shall not be stored outside of a building or accessory structure on any land in the Borough except for a period not exceeding 14 days pending collection and disposal.[1]
[1]
Editor's Note: Former Section 509, which immediately followed this subsection and which set forth penalties for violations of this section, was repealed 7-7-1997 by Ord. No. 604.
Residential collection. The collection of all ashes, garbage, household rubbish and bulky waste from residences in the Borough shall be by the municipal collection service, except as herein provided, in accordance with the following regulations:
A. 
All refuse shall be prepared for collection in strict conformity with § 127-6 and deposited for collection in accordance with collection standards as adopted by the Borough from time to time.
B. 
It shall be unlawful to place any material for the municipal collection service in unauthorized or defective containers, torn bags or bundles not securely tied. Collection personnel may refuse to collect improperly prepared material and may give notice of such by affixing a tag to the container or material citing the violation. Failure to comply after first notice may result in prosecution. After such first notice of a defective container, such container may be collected and removed as refuse by the collection personnel on the next collection day.
C. 
Except when specifically authorized by the Borough, refuse receptacles shall be placed for collection at ground level on the property, not within the right-of-way of a street, and readily accessible to and not more than 10 feet from the side of the street from which the collection is made.
D. 
Routes of collection will be along streets and rights-of-way as from time to time established by the Borough. Routes and pickup points will be determined on the basis of the most efficient routing of collection equipment.
E. 
It shall be unlawful for any person to deposit for collection any refuse not produced at the address from which collection is made or to bring any refuse into the Borough or from one address to another in the Borough for the purpose of taking advantage of the collection service. It shall also be unlawful for any resident to deposit refuse for residential collection service which refuse was produced by any professional or business enterprise engaged in by the resident.
F. 
In order to provide safe and economic municipal collection service at a reasonable rate to all Borough residential users and to comply with the legislative mandate of Act No. 241 (Solid Waste Management Act[1]) and Act No. 101 (Municipal Waste Planning Act[2]), the Borough deems it necessary to require all residential units within the Borough to utilize the Borough municipal collection system. It shall be unlawful, therefore, for any residential dwelling units within the Borough, either owners or possessors, to personally collect, convey and/or dispose of refuse or contact or arrange with any person to collect, convey and/or dispose of refuse other than by and through the Borough of Sellersville municipal collection service.
[Amended 12-7-1992 by Ord. No. 576]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
G. 
It shall be unlawful to store or place for residential collection with household rubbish any of the materials defined as noncollectable waste.
H. 
Refuse shall not be placed at collection points earlier than 6:00 p.m. on the day before the regularly scheduled collection day, and empty refuse containers shall be removed from the collection points prior to 6:00 p.m. on the day of collection.
[Amended 4-10-1993 by Ord. No. 591]
I. 
Every owner of a dwelling unit shall pay a service fee for municipal collection service in accordance with the following conditions:
(1) 
The service fee for each dwelling unit shall be $360 per annum, payable in advance in quarterly installments of $90.
[Amended 12-10-1996 by Ord. No. 560; 12-9-2002 by Ord. No. 625; 12-13-2004 by Ord. No. 641; 12-12-2005 by Ord. No. 646; 12-10-2007 by Ord. No. 654; 12-13-2010 by Ord. No. 669; 12-12-2011 by Ord. No. 677; 12-9-2013 by Ord. No. 689]
(2) 
All accounts shall be considered delinquent if not paid within 60 days from the date when the bill for service is rendered. All delinquent accounts are subject to stoppage of service without notice. Service shall be resumed thereafter only in payment of the accumulated fees for the period of collection plus a penalty of 10%. The stoppage of service hereinbefore authorized for nonpayment of collection fees shall be in addition to the right of the Borough to proceed for the collection of such unpaid fees in the manner provided by law, either by an action in assumpsit or the filing of a municipal claim.
(3) 
The Borough Council shall, from time to time, adopt and promulgate rules and regulations setting forth the terms, conditions and administrative procedures for the levying and collecting of the service fees above.
J. 
It shall be unlawful for any owner of a dwelling unit to knowingly allow or to continue to allow any violation of this section by any other person.
[Added 10-12-2015 by Ord. No. 703]
A. 
It shall be the responsibility of the owner or occupant of all commercial and industrial properties to dispose of all refuse produced by an industrial or commercial process by contracting for the collection, conveyance and disposal with an authorized commercial collector; or collecting, conveying and disposing of such refuse with his own vehicles or contracting for the collection, conveyance and disposal with the municipal collection service, if available; provided, however, that all such collections must be in accord with the other conditions of this article.
B. 
Every owner of a commercial or an industrial property producing refuse and having such refuse collected and removed by the municipal collection service shall pay a service fee for such in accord with the following terms and conditions:
(1) 
The amount of the fee shall be based upon the quantity of refuse material collected and the frequency of collection, and be fixed in a schedule of fees which, from time to time, shall be established by the Borough Council; provided, however, that no fee shall be less than that charged to a dwelling unit.
(2) 
All accounts shall be considered delinquent if not paid within 60 days from the date when the bill for service is rendered. All delinquent accounts are subject to stoppage of service without notice. Service shall be resumed thereafter only in payment of the accumulated fees for the period of collection plus a penalty of 10%. The stoppage of service hereinbefore authorized for nonpayment of collection fees shall be in addition to the right of the Borough to proceed for the collection of such unpaid fees in the manner provided by law, either by an action in assumpsit or the filing of a municipal claim.
C. 
The Borough Council shall, from time to time, adopt and promulgate rules and regulations setting forth the terms, conditions and administrative procedures for the levying and collecting of the service fees above.
All waste material resulting from building or structure alteration, repair, construction or demolition shall be removed by and at the expense of the owner of the premises upon which such waste was produced.[1]
[1]
Editor's Note: Former Section 604, which immediately followed this subsection and which set forth violations and penalties for certain sections of this article, was repealed 7-7-1997 by Ord. No. 604. Former Article VII, Authorized Commercial Collectors, which followed former Section 604, was repealed 7-7-1997 by Ord. No. 604.
[Added 10-12-2015 by Ord. No. 703]
This article shall be enforced by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A person convicted of violating this article shall be sentenced to pay a fine not to exceed $1,000 per violation, plus court costs and reasonable attorneys' fees incurred by the Borough of Sellersville, or to imprisonment for not more than 90 days, or both. Violations of more than one provision of this article shall constitute separate violations. Each day that a violation of any provision of this article continues or occurs shall constitute a separate violation.
[Adopted 12-9-1991 by Ord. No. 567]
This article shall be known and referred to as the Waste Flow Control and Licensing Ordinance of the Borough of Sellersville.
A. 
The following words and phrases as used in this article shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning:
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[1]
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[2]
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency that is engaged in the collection and/or transportation of municipal waste and/or source-separated recyclable materials.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, offices, restaurants, shopping centers and theaters.
COUNTY
The County of Bucks, Pennsylvania.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection.
DISPOSAL
The incineration of solid waste or 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 DEP rules and regulations (e.g., 25 Pa. Code Chapters 75 and 271).
[Amended 7-7-1997 by Ord. No. 604]
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 material, but not including grass clippings.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any collector or hauler of municipal waste and/or source-separated recyclables possessing a current license issued by the municipality pursuant to this article.
MUNICIPALITY
The Borough of Sellersville, 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.
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 article 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, composing 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 operation 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.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials, including leaf waste, that are separated from municipal waste at the point of origin or generation for the purpose of recycling.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B. 
For the purposes of this article, the singular shall include the plural and the masculine shall include the feminine and neuter.
A. 
The Borough of Sellersville shall designate by separate resolution one or more specific processing and/or disposal facilities where all licensed collectors must, as a condition of licensing, transport and dispose all municipal waste and/or source-separated recyclable materials collected within the Borough of Sellersville. Processing and/or disposal facilities designated by the municipality must be on the list of county-designated facilities in the Bucks County Municipal Waste Management Plan.
B. 
The Borough of Sellersville shall have the right by separate resolution to require any licensed collector to obtain a contract with any or all processing and/or disposal facilities accepting municipal waste or source-separated recyclable material generated within the municipality. Said contract(s) must provide for a minimum of one year of guaranteed capacity with a contract renewal option of at least one year. Said contract(s) must be accompanied by a notarized statement of the projected annual weight and/or volume of waste or recyclable material to be disposed at the facility.
A. 
It shall be unlawful for any person to collect municipal waste or source-separated recyclable materials from any residential, public, commercial, industrial or institutional establishment within the Borough of Sellersville without first securing a license to do so from the municipality in accordance with the provisions of this article.
B. 
It shall be unlawful for any person to collect and/or transport municipal waste or source-separated recyclable materials from any sources within the Borough of Sellersville in a manner not in accordance with the provisions of this article, any applicable municipal ordinance, the Bucks County Municipal Waste Management Plan, Act 101, the minimum standards and requirements established in Chapter 285 of the DEP's Municipal Waste Management Regulations (25 Pa. Code Chapter 285) and/or any other federal, state, or local regulations.
C. 
It shall be unlawful for any person to transport any municipal waste or source-separated recyclable materials collected from within the Borough of Sellersville to any processing and/or disposal facility other than those facilities designated in the Bucks County Municipal Waste Management Plan.
D. 
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 with the Borough of Sellersville without prior approval from the municipality.
A. 
All collectors or waste haulers operating within the Borough of Sellersville must comply with the following minimum standards and regulations:
(1) 
All trucks or other vehicles used for collection and transportation of municipal waste and/or source-separated recyclable materials must comply with the requirements of Act 97 and Act 101 and Department regulations adopted pursuant to Act 97 and Act 101, including the Title 25 Pa. Code Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.
(2) 
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall be operated and maintained in a manner that will prevent creation of a nuisance or a hazard to the public health, safety and welfare.
(3) 
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.
(4) 
All collection vehicles conveying nonputrescible municipal waste and/or source-separated recyclable materials shall be capable of being enclosed or covered to prevent litter and other nuisances.
(5) 
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of material transported by the vehicle. All such signs shall have lettering which is at least six inches in height as required by Act 101.
B. 
All collection vehicles and equipment used by licensed collectors or licensed waste haulers shall be subject to inspection by the Borough of Sellersville or its authorized agents at any reasonable hour without prior notification.
A. 
No person shall collect or remove and then subsequently haul or transport any municipal waste or source-separated recyclable material through or upon the streets of the Borough of Sellersville without first obtaining a waste flow control license in accordance with the provisions of this article. This section shall not apply to farmers, landscapers or nurserymen who collect, remove, haul or otherwise transport agricultural or other organic waste associated with their respective business activities.
[Amended 7-7-1997 by Ord. No. 604]
B. 
All collectors and waste haulers shall be licensed by the Borough of Sellersville and designated as a licensed waste hauler or a licensed collector.
C. 
As a condition of acquiring and maintaining a license to operate within the municipality, each licensed waste hauler or collector shall dispose of all municipal waste and source-separated recyclables at a facility designated by the municipality from the list of designated facilities in the Bucks County Municipal Waste Management Plan. Noncompliance with this subsection shall be grounds for revocation of a waste hauling company's license to collect waste in the municipality.
D. 
Any person who desires to collect and subsequently haul or transport municipal waste within the Borough of Sellersville shall submit a waste flow control license application and any application fee to the municipality or its designated licensing representative. Any collector or waste hauler operating within the municipality as of the effective date of this article must apply for and be issued a waste flow control license in order to continue to operate within the municipality. Subsequent to initial licensing, any licensed collector or waste hauler possessing an existing license shall submit a license renewal application and fee to the Borough of Sellersville at least 45 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 fee at least 45 days before beginning collecting and transporting municipal waste and/or source-separated recyclables in the municipality. The municipality shall have 45 calendar days to review any application and take approval or denial action. If the municipality fails to take action within 45 days, the application will be deemed to be approved.
E. 
The license fee, not to exceed $100 per waste hauling company, shall be set by the Borough Council. All licenses are nontransferable and shall be issued for a period of one calendar year. There shall be no reduction or prorated fee for any license issued during a calendar year.
F. 
The waste flow control license application form, which will be supplied by the municipality, shall set forth minimum information required to establish the applicant's qualifications for a license to collect and transport municipal waste and/or source-separated recyclables, including but not limited to:
(1) 
The name and mailing address of the applicant.
(2) 
The name and telephone number of a contact person.
(3) 
A list of all collection vehicles to be covered under the license, including, as a minimum, the following information for each vehicle: identification information for each vehicle (such as vehicle license number, vehicle registration number and company identification number); date and location of most recent vehicle inspection; and hauling capacity of the vehicle.
(4) 
The type of municipal waste or source-separated recyclable material to be collected and transported.
G. 
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 article or is in violation of the provisions of this article.
H. 
All licensed collectors or licensed waste haulers are also subject to, as a condition of licensing, the provisions of §§ 127-12 and 127-16 of this article.
I. 
All licensed collectors or waste haulers shall meet the requirements of Act 97, Act 101, the Bucks County Municipal Waste Management Plan, all DEP rules and regulations (25 Pa. Code Chapter 285) and any applicable Bucks County Department of Health regulations regarding storage, collection and transportation of municipal waste and source-separated recyclable materials, including provisions for proper labeling of collection and transfer vehicles.
A. 
All licensed collectors and licensed waste haulers shall promptly report any significant changes in the collection vehicles or equipment covered under the license and any changes in insurance coverage to the municipality.
B. 
All licensed collectors and licensed waste haulers shall maintain current, up-to-date records of the collected municipal waste and/or source-separated recyclable material within the Borough of Sellersville. Such records and collected volume reports shall be subject to review by and made available to the municipality or its authorized agents upon written request.
C. 
All licensed collectors and licensed waste haulers operating within the Borough of Sellersville shall participate in the Bucks County Municipal Waste Documentation Program. Said program shall be developed and put into operation by the county for the purpose of documenting the origin of municipal waste and source-separated recyclable material and the ultimate disposal point of said waste and recyclables. As part of the program, each licensed collector and licensed waste hauler shall prepare and submit a semiannual report to the Borough of Sellersville. 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:
(1) 
The total weight of municipal waste and source-separated recyclable materials collected from all sources within the municipality during each month of the reporting period.
(2) 
The name of each processing and/or disposal facility used during the reporting period and the total weight of municipal waste and/or source-separated recyclable materials delivered to each facility during each month of the reporting period.
(3) 
Any other information determined to be necessary during the development and implementation of the Bucks County Municipal Waste Documentation Program.
D. 
All semiannual reports submitted to the municipality from licensed collectors and licensed waste haulers shall be submitted by the municipality to the county by August 31 (covering January through June) and by February 28 of the following year (covering July through December).
A. 
This article shall be enforced by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A person convicted of violating this article shall be sentenced to pay a fine not to exceed $1,000 per violation, plus court costs and reasonable attorneys' fees incurred by the Borough of Sellersville, or to imprisonment for not more than 90 days, or both. Violations of more than one provision of this article shall constitute separate violations. Each day that a violation of any provision of this article continues or occurs shall constitute a separate violation.
[Amended 7-7-1997 by Ord. No. 604; 10-12-2015 by Ord. No. 703]
B. 
The Borough of Sellersville 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 waste hauler for any of the following causes:
(1) 
Falsification or misrepresentation of any statements in any license application.
(2) 
Lapse or cancellation of any required insurance coverages.
(3) 
Collection and/or transportation of any municipal waste or source-separated recyclable material in a careless or negligent manner or any other manner that is not in compliance with the requirements of this article, Bucks County Department of Health regulations and/or any applicable federal, state or local regulations.
(4) 
Transportation and disposal of any municipal waste or source-separated recyclable material collected within the municipality to any site that is not a designated facility in the Bucks County Municipal Waste Management Plan or that is not properly permitted by the Pennsylvania DEP.
(5) 
Failure to dispose of municipal waste or source-separated recyclables at the facility(ies) stated in the license application.
(6) 
Violation of any part of this article, any other applicable county or municipal ordinances, the Bucks County Municipal Waste Management Plan or any applicable Pennsylvania laws or regulations.
The Borough of Sellersville 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 article.