[Ord. 2007-O-6, 4/18/2007, § 1]
This Part shall be known and referred to as the "Municipal Waste
Collection and Transportation Ordinance of Newtown Township."
[Ord. 2007-O-6, 4/18/2007, § 2]
The following words and phrases as used in this Part till have
the meaning ascribed to them herein, unless the context clearly indicates
a different meaning:
ACT 90
The Pennsylvania Waste Transportation Safety Act of 2002
(P.L. 596, No. 90, June 29, 2002).
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).
COLLECTOR OR WASTE HAULER
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste and/or source-separated recyclable materials.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
COUNTY
The County of Bucks, Pennsylvania.
DISPOSAL
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air or is discharged to the waters of this Commonwealth.
Disposal facilities including, but are not limited to, municipal waste
landfills and construction/demolition waste landfills as defined by
Act 101, Act 97, and/or PADEP rules and regulations (25 Pa. Code,
Chapters 75 and 271).
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or production
activities including, but not limited to, factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in services including,
but not limited to, hospitals, nursing homes, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
MUNICIPALITY
Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities,
and any sludge not meeting the definition of residual or hazardous
waste under Act 97 from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant, or air pollution
control facility. The term does not include any source-separated recyclable
materials.
PADEP
The Pennsylvania Department of Environmental Protection.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, Federal
government or agency, State institution or agency, or any other legal
entity recognized by law as the subject of rights and duties. In any
provisions of this Part prescribing a fine, imprisonment, or penalty,
or any combination of the foregoing, the term "person" shall include
the officers and directors of any corporation or other legal entity
having officers and directors.
PROCESSING
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, recycling facilities,
composting facilities, and resource recovery facilities.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the generation of energy.
SCAVENGING
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
TRANSPORTATION
The off-site removal of any municipal waste at any time after
generation.
For the purpose of this Part, the singular shall include
the plural and the masculine shall include the feminine and neuter.
[Ord. 2007-O-6, 4/18/2007, § 3]
1. It shall be unlawful for any person to collect and/or transport municipal
waste from any residential, public, commercial, industrial or institutional
establishment within Newtown Township without first securing written
authorization from the PADEP in accordance with the provisions of
Act.
2. It shall be unlawful for any person to store, collect and/or transport
municipal waste or source-separated recyclable materials from any
sources within Newtown Township in a manner not in accordance with
the provisions of this Part, any applicable municipal ordinance, the
Revised County Plan, Act 90, Act 101, the minimum standards and requirements
established in Chapter 285 of the PADEP Municipal Waste Management
Regulations, any applicable Bucks County Department of Health regulations,
and/or any other Federal, State, or local regulations.
3. 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 Newtown Township
without prior approval from the municipality.
[Ord. 2007-O-6, 4/18/2007, § 4]
1. All collectors or waste haulers operating within Newtown Township
must comply with the following minimum standards and regulations:
A. All trucks or other vehicles used for collection and transportation
of municipal waste and/or source-separated recyclable materials must
comply with the applicable requirements of Act 90, Act 97, Act 101,
and PADEP 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.
B. 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 public health,
safety and welfare.
C. 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.
D. 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.
E. 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.
F. All collection vehicles and equipment used by collectors or waste
haulers shall be subject to inspection by the (name of municipality)
or its authorized agents at any reasonable hour without prior notification.
[Ord. 2007-O-6, 4/18/2007, § 5]
1. No person shall collect or remove any municipal waste from within
Newtown Township without first obtaining written authorization from
PADEP in accordance with the provisions of Act 90 and providing a
copy of such written authorization to Newtown Township. This Section
shall not apply to private individuals (e.g., homeowners) who wish
to transport their own household waste to PADEP approved facilities
or recyclables to appropriate recycling centers, nor to farmers, landscapers
or nurserymen who collect, remove, haul or otherwise transport agricultural
or other organic waste associated with their respective business activities.
2. For a collector or waste hauler to collect and transport municipal
waste within Newtown Township a collector or waste hauler shall submit
a registration form to Newtown Township which shall include a copy
of their State issued written authorization, and a copy of their municipal
and residual waste transporter authorization application (DEP Form
2500-PMBWM0015) along with the following information:
A. A list of collection vehicles covered under the written authorization
including, as a minimum, the following information for each vehicle:
identification information for each vehicle including, but not limited
to, vehicle license number, vehicle registration number, or company
identification number; date and location of most recent vehicle inspection;
and hauling capacity of the vehicle.
B. The type of municipal waste to be collected and transported.
C. Certificate(s) of insurance evidencing that the waste hauler or collector
has valid liability, automobile and workmen's compensation insurance
in the minimum amounts established and required by separate resolution
of the governing body of the Municipality.
D. If they are hauling or collecting source-separated recyclable materials
in the municipality, identify the materials being hauled or collected
and provide the following information for each vehicle: identification
information for each vehicle including, but not limited to, vehicle
license number, vehicle registration number, or company identification
number; date and location of most recent vehicle inspection; and hauling
capacity of the vehicle.
3. Any person who fails to satisfy the minimum standards and requirements
of this Part or is in violation of the provisions of this Part may
not lawfully collect municipal waste or source-separated material
in Newtown Township.
4. A fee shall be charged for the registration of collectors or waste
haulers in accordance with the fee schedule established by resolution
from time to time by the Newtown Township Board of Supervisors.
5. All licensed collectors and licensed waste haulers shall meet the
requirements of Act 90, Act 97, Act 101, the Bucks County Municipal
Waste Management Plan, and all PADEP rules and regulations (25 Pa.
Code, Chapter 285).
[Ord. 2007-O-6, 4/18/2007, § 6]
1. All licensed collectors and licensed waste haulers and collectors
and haulers of source-separated recyclable materials operating within
Newtown Township shall participate in the Bucks County Municipal Recycling
Documentation Program. The program will provide a system for documenting
the origin of municipal waste and source-separated recyclable material
by municipality and the ultimate disposal point of said waste and
recyclables. Each licensed collector and licensed waste hauler and
collectors and haulers of source-separated recyclable materials operating
in Newtown Township shall prepare and submit an annual report to the
municipality on the Official Hauler Recyclables Reporting Form. The
report shall be submitted by the PADEP licensed collector or licensed
waste hauler and collectors and haulers of source-separated recyclable
materials to Newtown Township by January 31 of each year and include
all of the required information pertaining to the preceding calendar
year.
2. All annual reports submitted to the municipality from licensed collectors
and licensed waste haulers and collectors and haulers of source-separated
recyclable materials shall be combined into a single report and submitted
by the municipality on the Official Municipal Recyclables Reporting
Form to the County by February 28 of the year following the reporting
period.
[Ord. 2007-O-6, 4/18/2007, § 7]
Any person who shall violate any provision of this Part, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues or each Section of this Part which shall be
found to have been violated shall constitute a separate offense. For
purposes of this section, the doing of any act or thing prohibited
by any provision of this Part, or the failure to do any act or thing
as to which any provision of this Part creates any affirmative duty,
shall constitute a violation of this Part punishable as herein stated.
Licensed collectors and licensed waste haulers who shall violate any
provision of this Part may be reported to the PADEP by Newtown Township
and may be subject to the revocation of the State authorization to
transport municipal waste, as described in Act 90.
[Ord. 2007-O-6, 4/18/2007, § 8]
Newtown Township may petition the Bucks County Court of Common
Pleas for an injunction, either mandatory or prohibitive, in order
to enforce any of the provisions of this Part.