A. 
It shall be unlawful for any person, except for litter control, roadside cleanup, stream cleanup people and other persons duly authorized by the Township, to collect and to transport municipal wastes of any nature or recyclables within or from the Township. Authorization to collect, transport and dispose of municipal waste or recyclables for persons other than one's self or for whom one is acting as an agent (as defined in this chapter) may be given only by the Township through the issuance of a hauler's license or a recyclable collection permit.
B. 
All licensed haulers and recyclable collection permittees shall follow and conduct themselves in accordance with their current license or permit and serve each of their customers in accordance with the requirements of this chapter, any failure of which shall be a violation of this chapter.
C. 
All applications for such licenses or permits shall be evaluated and approved in accordance with the following criteria:
(1) 
Hauler's license.
(a) 
Hauler's licenses will be issued on a calendar-year basis.
(b) 
Hauler's licenses will be issued to only those persons who comply with the provisions and intent of this chapter, who show evidence of a valid Monroe County license and who provide their name, address and telephone number.
(c) 
The Township may deny a hauler's license for any of the following reasons:
[1] 
If the applicant's hauler's license has previously been revoked or suspended for legal cause.
[2] 
If the applicant has violated or is violating the Township Ordinance, County Waste Management Ordinance, Solid Waste Management Act or Municipal Waste Planning, Recycling and Waste Reduction Act,[1] as all may be amended from time to time or any regulations of the Department of Environmental Protection relating to the environment and to solid waste or has been convicted of any such violation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq., and 53 P.S. § 4000.101 et seq., respectively.
[3] 
Where, in the Township or elsewhere, the applicant has failed to fulfill his duties as a municipal waste collector in general or in particular has failed to pick up municipal waste and recyclables in a workmanlike manner or a regularly scheduled basis.
(d) 
Haulers' licenses may be revoked at any time by the Township in accordance with the following:
[1] 
Failure of the licensee to furnish and provide collection and disposal of municipal waste and recyclables in accordance with the terms of this chapter and the conditions under which the license was issued.
[2] 
Administrative proceedings.
[Amended 9-30-2014 by Ord. No. 2014-11]
[a] 
In case of violation or failure to comply with the provisions of this section, the Township Commissioners shall give the licensee an opportunity for a hearing thereon. Any licensee so entitled to a hearing pursuant to this section shall have 10 days after notice to submit a written request for a hearing, and the failure of the licensee to so request a hearing shall be deemed to constitute an admission of the violation with which he is charged and which forms the basis of the revocation of his license. A hearing shall be scheduled before the Township Commissioners and the licensee given 10 days' written notice of the time and place of the hearing at which he shall appear and answer the charges.
[b] 
Upon determination that a violation did occur, the Township Commissioners may issue a warning or may revoke the license.
[3] 
The issuance of a hauler's license under this section does not grant a vested right to any collector to a continued right to haul or collect municipal waste and recyclables in the Township, and the Township reserves the right to contract for municipal waste and recycling services or to initiate the public collection of municipal waste and/or recyclables.
(e) 
Conditions relating to hauler's licenses.[2]
[1] 
Licensees shall have placed on the doors or each side of the body of each vehicle the name of the hauler, the telephone number of the hauler's office or headquarters and the type of waste being transported therein (or, if recyclables are being transported therein, then such to be indicated). The size of such lettering shall be no less than six inches in height and clearly legible. Vehicles shall be so marked within 10 days after the commencement of their use in the Township.
[2] 
Licensees shall be responsible for the manner in which their employees perform work pertaining to collection, hauling and disposal of municipal waste and recyclables under the terms of this chapter.
[3] 
The licensee shall pay all costs charged for the use of any disposal facilities which is utilized.
[4] 
Licensees shall empty bulk containers (such as dumpsters) which have been provided by them to their customers, when such bulk containers become full.
[2]
Editor's Note: Original Part IV, Section 17C, Subsection 1.e.1., regarding annual licensing fees, as amended 9-30-2014 by Ord. No. 2014-11 and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Recyclable collection permit.
(a) 
A person who is not a licensed hauler, as defined in this chapter, shall not collect, transport or dispose of recyclables for any persons other than himself or for whom he is acting as an agent (as defined in this chapter) unless he has applied for and obtained a valid recyclable collection permit authorizing such activity. Applications for such permit shall be made by submission to the Township of a form to be prescribed therefor, completed by the applicant. Recyclable collection permits shall be obtained annually and issued on a calendar-year basis.
[Amended 9-30-2014 by Ord. No. 2014-11[3]]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
As a condition of issuance of a recyclable collection permit, all recyclable collection permittees shall be required to take all of the recyclable material which they collect from their customers to a recycling facility.
Every hauler, as a precondition to being licensed to do business within the Township, shall be required to provide to its residential, multifamily, commercial, municipal and institutional establishments and properties the service of removing recyclables from their properties at the curbside or an appropriate location on the premises. Any such recyclables so removed by licensed haulers shall be kept separate from municipal waste and shall be taken to a recycling facility for the purpose of recycling.
No licensed hauler shall accept, pick up or remove any bag or other container of municipal waste which the hauler knows or has reason to believe contains recyclables combined with municipal waste. Upon discovery of such recyclables combined with municipal waste placed at curbside or otherwise placed for pickup, the hauler shall affix a tag or sticker to the container containing the recyclables.
In the event of any missed pickup, the collector shall collect from the missed location within 24 hours of notification from the missed resident, provided that the resident has abided by the terms of his contract with the hauler.
All complaints regarding collection of recyclables or municipal waste shall initially be reported to the collector. Any complaint which the collector falls to resolve shall be reported, in writing, to the Township.
Nothing contained herein shall impair or prohibit any recognized civic, fraternal, charitable or benevolent organization, association or society from undertaking the collection of recyclables from the public. Any such collection activity can only occur prior to the recyclable materials being placed at curbside or similar location for collection by an authorized collector. Prior to initiating such activity, the organization shall obtain authorization from the Township.