[HISTORY: Adopted by the Borough Council of the Borough of
Sellersville as indicated in article histories. Amendments noted where
applicable.]
[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.
[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:
The residue resulting from the burning of wood, coal, coke
or other combustible material.
A person, firm or corporation licensed to collect, convey
and dispose refuse in accord with the provisions of this article.
The Borough of Sellersville.
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.
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.
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.
The County of Bucks and its regulatory agencies.
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.
All animal and vegetable waste solids resulting from the
handling, preparation, cooking and consumption of foods.
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.
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.
A collection service established and operated by the Borough
of Sellersville, or private collection service under contract with
the Borough.
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.
Includes any natural person, association, partnership, firm
or corporation.
All solid wastes, except body wastes, and shall include but
not be limited to ashes, rubbish, garbage, industrial and commercial
wastes and junk.
The Commonwealth of Pennsylvania and its regulatory agencies.
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]
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.
ACT 101
ACT 97
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
COUNTY
DEPARTMENT or DEP
DISPOSAL
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPALITY
MUNICIPAL WASTE
PERSON
PROCESSING
RECYCLING
SCAVENGING
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSPORTATION
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:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[1]
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[2]
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.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, offices, restaurants,
shopping centers and theaters.
The County of Bucks, Pennsylvania.
The Pennsylvania Department of Environmental Protection.
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]
Any establishment engaged in manufacturing or production
activities, including but not limited to factories, foundries, mills,
processing plants, refineries, mines and slaughterhouses.
Any establishment or facility engaged in services, including
but not limited to hospitals, nursing homes, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
Any collector or hauler of municipal waste and/or source-separated
recyclables possessing a current license issued by the municipality
pursuant to this article.
The Borough of Sellersville, Bucks County, Pennsylvania.
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.
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.
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.
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.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
Materials, including leaf waste, that are separated from
municipal waste at the point of origin or generation for the purpose
of recycling.
The off-site removal of any municipal waste at any time after
generation.
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.
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.
