[Adopted 7-3-1991 by Ord. No. 8-91]
This article shall be known and referred to as the "Municipal Waste Hauler Licensing Ordinance."
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 (SB 528, 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 who or which is engaged in the collection and/or transportation of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers and theaters.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection.
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 municipal waste collector or hauler possessing a current license issued by Cecil Township pursuant to this article.
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 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.
MUNICIPAL WASTE LANDFILL
Any facility that is designed, operated and maintained for the disposal of municipal waste and permitted by the Pennsylvania DEP for such purposes.[3]
MUNICIPALITY
The Township of Cecil.
PERSON
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 provision 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.
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 stations, 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 mechanical separation and treatment of municipal waste (other than combustion) and operation and recovery of reusable materials other than as 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 solid waste processing or disposal facility.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials 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.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
For the purposes of this article, the singular shall include the plural, and the masculine shall include the feminine and neuter.
A. 
It shall be unlawful for any person to collect and/or transport municipal waste from any residential, public, commercial, industrial or institutional establishment within Cecil Township without first securing a license to do so in accordance with the provisions of this article.
B. 
It shall be unlawful for any person to collect and/or transport municipal solid waste from any source within Cecil Township 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 (25 Pa. Code).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
It shall be unlawful for any person to transport any municipal waste collected from within Cecil Township 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. 
It shall be unlawful for any person to scavenge any material from any municipal waste or source-separated recyclables that are stored or placed for subsequent collection within Cecil Township without prior approval from the Township.
[Amended 1-24-1994 by Ord. No. 4-94]
A. 
All collectors or waste haulers operating within the Township must comply with the following minimum standards and regulations:
(1) 
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 the Title 25, Chapter 285, Subchapter B, "Collection and Transportation of Municipal Waste."
(2) 
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) 
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 shall be capable of being enclosed or covered to prevent litter and other nuisances.
(5) 
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.
(6) 
The Township is authorized to contract with one hauler, after the required bidding process, for the collection of all residential and/or nonresidential municipal waste. No other hauler will be permitted to collect residential and/or nonresidential municipal waste, and upon violation of this provision, a hauler will be subject to the penalty section of this article.
B. 
All collection vehicles and equipment used by licensed collectors or haulers shall be subject to inspection by the Township or its authorized agents at any reasonable hour without prior notification.
A. 
No person shall collect, remove, haul or transport any municipal waste through or upon the streets of the Township without first obtaining a license in accordance with the provisions of this article.
B. 
All collectors and waste haulers shall be licensed by the Township of Cecil and designated as a "licensed waste hauler" or a "licensed collector."
C. 
The Township of Cecil 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 Township of Cecil.
D. 
Any person who desires to collect, haul or transport municipal waste within Cecil Township shall submit a license application and any application fee to the Township or its designated licensing representative. The Township shall have a minimum period of 30 calendar days to review any application and take approval or denial action.
E. 
The license fee shall be set by the Board of Supervisors on an annual basis. The initial annual license fee is hereby set at $50. 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. 
The license application form, which will be supplied by the Township, shall set forth 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) 
Name and mailing address of the applicant.
(2) 
Name and telephone number of contact person.
(3) 
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) 
Type of municipal waste collected and transported.
(5) 
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 Township.
G. 
Any collector or hauler with an existing license shall submit a new license application and license fee to the Township of Cecil 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 collecting and transporting municipal waste in the Township.
H. 
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.
A. 
All licensed collectors shall promptly report any significant changes in the collection vehicles or equipment covered under the license and insurance coverage changes to the Township.
B. 
All licensed collectors shall maintain current, up-to-date records of the customers serviced within Cecil Township. Such records and customer lists shall be subject to inspection and made available to the Township or its authorized agents upon request.
C. 
Each licensed collector shall prepare and submit a semiannual report to the Township. 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) 
Total weight of each type of municipal waste collected from all sources within the Township during each month of reporting period.
(2) 
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. 
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedures, 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 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Township of Cecil 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) 
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 in a careless or negligent manner or any other manner that is not in compliance with the requirements of this article.
(4) 
Transportation and disposal of any municipal waste collected within the Township at any site that is not properly permitted by the Pennsylvania DEP or other applicable regulatory agency.
(5) 
Violation of any part of this article, any other applicable Township ordinances or any applicable Pennsylvania laws or regulations.
The Township of Cecil 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.