This article shall be known and referred to as the "Municipal
Waste Hauler Licensing Ordinance."
A.Â
ACT 97
ACT 101
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
DEPARTMENT or DEP
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPAL WASTE LANDFILL
MUNICIPALITY
PERSON
PROCESSING
RECYCLING
SCAVENGING
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSPORTATION
The following words and phrases, as used in this article, shall have
the meaning ascribed to them herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7. 1980).[1]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (SB 528, Act 1988 - 101, July 28, 1988).[2]
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
The Pennsylvania Department of Environmental Protection.
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, universities
and churches.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass trimmings.
Any municipal waste collector or hauler possessing a current
license issued by the City of Washington pursuant to this article.
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 any 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 facility that is designed, operated and maintained for
the disposal of municipal waste and permitted by the Pennsylvania
DEP for such purposes.
The City of Washington.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, municipality, state institution
and 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, penalty or imprisonment, 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 stations, composting facilities
and resource recovery facilities.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste, or the
mechanical separation and treatment of municipal waste (other than
combustion) and creation and recovery of reusable materials other
than as fuel for the operation of energy.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a solid
waste processing or disposal facility.
Materials that are separated from municipal waste at the
point of origin or generation for the purpose of recycling.
The off-site removal of any municipal waste at any time after
generation.
B.Â
For the purposes of this article, the singular shall include the
plural, and the masculine shall include the feminine and neuter.
A.Â
It shall be unlawful for any person to collect and/or transport municipal
waste from any residential, public, commercial, industrial or institutional
establishment within the City of Washington without first securing
a license to do so in accordance with the provisions of this article.
B.Â
It shall be unlawful for any person to collect and/or transport municipal
solid waste from any sources within the City of Washington in a manner
not in accordance with the provisions of this article and the minimum
standards and requirements established in Chapter 285 of the DEP's
Municipal Waste Management Regulations.[1]
[1]
Editor's Note: See Title 25, Chapter 285, of the Pa. Code.
C.Â
It shall be unlawful for any person to transport any municipal waste
collected from within the City of Washington to any processing and/or
disposal facility other than those facilities which are properly permitted
by the Pennsylvania DEP or other applicable regulatory agency.
D.Â
It shall be unlawful for any person to scavenge any material from
any municipal waste or source-separated recyclable materials that
are stored or placed for subsequent collection within the City of
Washington without prior approval from the City.
A.Â
All collectors or waste haulers operating within the City must comply
with the following minimum standards and regulations:
(1)Â
All trucks or other vehicles used for collection and transportation
of municipal waste must comply with the requirements of Act 97 and
Act 101 and Department regulations adopted pursuant to Act 97 and
Act 101, including Title 25, Chapter 285, Subchapter B, "Regulations
for the Collection and Transportation of Municipal Waste."
(2)Â
All collection vehicles conveying municipal waste shall be operated
and maintained in a manner that will prevent creation of a nuisance
or a hazard to public health, safety and welfare.
(3)Â
All collection vehicles conveying putrescible municipal waste shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attracting of vectors and the creation of odors and other nuisances.
(4)Â
All collection vehicles conveying nonputrescible municipal waste
shall be capable of being enclosed or covered to prevent litter and
other nuisances.
(5)Â
All collection vehicles conveying municipal waste shall bear signs
identifying the name and business address of the person or municipality
which owns the vehicle and the specific type of municipal waste transported
by the vehicle. All such signs shall have lettering which is at least
six inches in height as required by Act 101.
B.Â
All collection vehicles and equipment used by licensed collectors
or haulers shall be subject to inspection by the City or its authorized
agents at any reasonable hour without prior notification.
C.Â
All trucks, vehicles or other instrumentalities used to transport
or collect solid waste or recyclables shall be adequately secured
or covered so that the materials hauled therein shall not be scattered
or dispersed over the streets or property within the City of Washington.
A.Â
No person shall collect, remove, haul or transport any municipal
waste through or upon the streets of the City without first obtaining
a license in accordance with the provisions of this article.
B.Â
All collectors and waste haulers shall be licensed by the City of
Washington and designated as a "licensed waste hauler" or a "licensed
collector."
C.Â
The City of Washington shall reserve the right to designate specific
municipal waste processing and/or disposal facilities where all licensed
collectors must transport and dispose all municipal waste collected
within the City of Washington.
D.Â
Any person who desires to collect, haul or transport municipal waste
within the City of Washington shall submit a license application and
any application fee to the City or its designated licensing representative.
The City shall have a minimum period of 30 calendar days to review
any application and take approval or denial action.
E.Â
Fees.
(1)Â
Each person securing a permit for the hauling of said rubbish or
solid waste shall pay the following fees for a vehicle, on an annual
basis, as follows:
1/2- or 3/4-ton pickup
|
$10
| |
1-ton truck
|
$15
| |
Single axle over 1 ton
|
$25
| |
Dual axle and compactor
|
$50
|
(2)Â
The City of Washington hereby reserves the right to alter this fee
schedule by resolution or otherwise taking action by majority vote
of Mayor and Council at a meeting of the Mayor and 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 the middle of any calendar year.
F.Â
The license application form, which will be supplied by the City,
shall set forth the minimum information required to establish the
applicant's qualifications for a license to collect and transport
municipal waste, including, but not necessarily limited to:
(1)Â
Name and mailing address of the applicant.
(2)Â
Name and telephone number of contact person.
(3)Â
List of all collection vehicles to be covered under the license,
including identification information for each vehicle, such as vehicle
license number and company identification number.
(4)Â
Type of municipal waste collected and transported.
(5)Â
Certificate(s) of insurance to present evidence that the applicant
has valid liability, automobile and workers' compensation insurance
in the minimum amounts established and required by the City.
G.Â
Any collector or hauler with an existing license shall submit a new
license application and license fee to the City of Washington at least
60 days prior to the expiration date of an existing license, if renewal
of the license is desired. New license applicants must submit a license
application and license fee at least 30 days before beginning collection
and transporting municipal waste in the municipality.
H.Â
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.Â
All permits shall be prominently displayed on every such vehicle
carrying and/or dumping solid waste.
J.Â
Each person, firm or corporation securing a permit for the hauling
of said solid waste shall be required to report the total number of
vehicles to be utilized in servicing the City of Washington for rubbish
collection. Said report shall be furnished when securing said permit
and shall provide all information reasonably required by the City
of Washington.
A.Â
All licensed collectors shall promptly report any significant change
in the collection vehicles or equipment covered under the license
and insurance coverage changes to the City.
B.Â
All licensed collectors shall maintain current, up-to-date records
of the customers serviced within the City of Washington. Such records
and customer lists shall be subject to inspection and made available
to the municipality or its authorized agents upon request.
C.Â
Each licensed collector shall prepare and submit a semiannual report
to the City. 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)Â
Total weight of each type of municipal waste collected from all sources
within the City during each month of reporting period.
(2)Â
Name of each processing/disposal facility used during the reporting
period and total weight of each type of municipal waste delivered
to each site during each month of the reporting period.
A.Â
Any person who violates any provision of this article shall be guilty
of a misdemeanor which is punishable, upon conviction, by a fine of
not less than $1,000 or by imprisonment for a period of not more than
30 days, or both. Each day of violation shall be considered as a separate
and distinct offense.
B.Â
The City of Washington shall have the right at any time, and without
refund of any license fee, to suspend or revoke the license of any
licensed collector or hauler for any of the following causes:
(1)Â
Falsification or misrepresentation of any statement in any license
application.
(2)Â
Lapse or cancellation of any required insurance coverage.
(3)Â
Collection and/or transportation of any municipal waste in a careless
or negligent manner or any other manner that is not in compliance
with the requirements of this article.
(4)Â
Transportation and disposal of any municipal waste collected within
the municipality at any site that is not properly permitted by the
Pennsylvania DEP or other applicable regulatory agency.
(5)Â
Violation of any part of this article, any other applicable municipal
ordinances or any applicable Pennsylvania laws or regulations.
The City of Washington may petition the Court of Common Pleas
of Washington County for an injunction, either mandatory or prohibitive,
in order to enforce any of the provisions of this article.