[Ord. 291, 9/13/2010, § 1]
This Part shall be known and referred to as the "Municipal Waste Collection and Transportation Ordinance of the Borough of Dublin."
[Ord. 291, 9/13/2010, § 2]
The following words and phrases as used in this Part shall have the meaning 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 (Act 1988-101, July 28, 1988), 53 P.S. § 4000.101 et seq.
- ACT 90
- The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596, No. 90, June 29, 2002), 27 Pa.C.S.A. § 6201 et seq.
- ACT 97
- The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980), 35 P.S. § 6018.101 et seq.
- BOROUGH OF DUBLIN
- The Borough of Dublin, Bucks County, Pennsylvania.
- 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 non-manufacturing or non-processing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers and theaters.
- COMMUNITY ACTIVITY
- Events sponsored in whole or in part by Dublin Borough, or conducted within the Borough and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
- The County of Bucks, Pennsylvania.
- 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 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.
- LICENSED COLLECTOR or LICENSED WASTE HAULER
- A person who has written authorization from the PADEP under Act 90 to collect, haul, transport and dispose of municipal waste.
- 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.
- Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
- The Pennsylvania Department of Environmental Protection.
- 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.
- 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.
- 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 though combustion) and creation and recovery of reusable materials other than a fuel for the generation 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.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- 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.
For the purpose of this Part, the singular shall include the plural and the masculine shall include the feminine and neuter.
[Ord. 291, 9/13/2010, § 3]
No person shall permit any waste to accumulate for a period of longer than seven days upon property in the Borough, owned or occupied by said person, provided that owners and occupiers of residential property are hereby required to comply with the provisions of this Part relative to making accumulated waste available for collection as scheduled under resolutions passed from time to time by Borough Council; however, the provisions of this subsection are not applicable to owners of farm property for normal farming operations.
All waste and source-separated recyclable materials accumulated on any property in the Borough shall be collected, transported and disposed of by licensed waste collectors or waste haulers in accordance with the provisions of this Part; except that recyclable materials may be collected, transported and disposed of by property owners from their own property for the intended purpose of depositing the materials into recycling depositories, providing they comply with the provisions of this Part.
All waste accumulated on properties other than residential properties shall be collected, transported and disposed of only by a licensed collector upon the direction of the owner or occupier thereof, the fee or payment therefore to be a matter of private agreement between the owners or occupiers and the collector.
[Ord. 291, 9/13/2010, § 4]
The Borough may enter into (an) agreement(s) with public or private agencies or firms to authorize them to collect all or part of the municipal waste generated within the Borough on a weekly basis. In the event that the Borough shall contract for the removal of municipal waste, all residential properties shall use the Borough contracted collection service. Farm properties are excluded from this requirement.
All containers and garbage (food waste) shall be drained free of liquids before disposal.
Garbage shall be wrapped or placed in suitable bags prior to depositing in containers.
Rubbish not recycled shall be placed in approved containers and be of a weight so that it may be handled by one individuals. Containers for residences shall be of not more than 32 gallons in capacity.
Containers shall be made of durable, watertight, rust-resistant material having close-fitting lids and handles to facilitate handling.
It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such materials on the bottom or sides of containers, it being the intention of this provision that the interiors of containers shall be kept clean by thorough rinsing and draining as often as necessary.
The Borough specifically reserves the right to modify and to specifically provide for some other receptacle for the handling of waste which the Borough may at some future time deem to be acceptable, appropriate and beneficial for handling of said refuse material by resolution.
Persons shall separate leaf waste and grass clippings from other waste generated at their homes, apartments and other residential establishments until collection.
It shall be unlawful to make garbage available for animal consumption unless such refuse has been heat-treated to kill any disease agent therein.
It shall be unlawful for any person to use, maintain or operate an open dump.
It shall be unlawful for any person to salvage or reclaim any solid wastes except at a properly permitted facility in which salvage is an integral plan of operation.
It shall be unlawful for any person to burn any residential or multi-residential municipal waste, leaf waste, or source-separated recyclable materials, excluding wood/coal stoves, charcoal pits and BBQ fires for pleasure.
It shall be unlawful for any person to deposit any refuse or other waste material at the roadside for collection more than 24 hours prior to the time prescribed by the collectors or waste haulers or to leave any refuse containers at the roadside for more than 24 hours after collection of such refuse or other waste material.
It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited, any solid waste in or upon any street, alley, sidewalk, body of waste, public or private property except as provided in this Part.
It shall be unlawful for any person to place in the waste collected by a licensed collector any hazardous or toxic materials, such as poisons, corrosive materials, vehicle batteries or hazardous chemicals or explosives.
The collection of waste in the Borough and the disposal thereof shall be subject to such reasonable rules and regulations as may, from time to time, be promulgated by resolution.
[Ord. 291, 9/13/2010, § 5]
The Borough may enter into (an) agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials generated within the Borough along with the municipal waste on a weekly basis.
The following recycling program shall be in effect in the Borough.
Occupants of residential properties shall separate materials deemed appropriate by Borough Council from other waste generated at the property and to store such material until collection. The materials shall be glass, aluminum, newsprint, leaf waste, and plastic.
Multi-residential and apartments in particular shall provide for the separation of and recycling of glass, aluminum, newsprint, leaf waste and plastic. Owners, landlords, and agents who comply with this Part shall not be liable for noncompliance of occupants of their buildings. Occupants may be liable under the penalty provision of this Part.
Commercial, industrial and institutional establishments and community activities are required to separate high-grade office paper, aluminum, corrugated paper and leaf waste and other material deemed appropriate and to make arrangement for their collection and transportation to a recycling facility.
The Borough Manager shall establish and maintain a public information and education program concerning the recycling program.
Nothing in this Part shall be deemed to impair the ownership of separated materials by the person who generated them unless and until such materials are placed at curbside or an approved location for collection.
Borough Council may, from time to time, by resolution make changes to the recycling program described in this Part.
[Ord. 291, 9/13/2010, § 6]
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 Borough of Dublin without first securing written authorization from the PADEP in accordance with the provisions of Act 90.
It shall be unlawful for any person to store, collect and/or transport municipal waste or source-separated recyclable materials from any sources within the Borough of Dublin 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.
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 Borough of Dublin without prior approval from the municipality.
[Ord. 291, 9/13/2010, § 7]
All collectors or waste haulers operating within the Borough of Dublin must comply with the following minimum standards and regulations:
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 25 Pa. Code, Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.
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.
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.
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.
All collection vehicles conveying municipal waste and/or source-separated recyclable materials 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.
All collection vehicles and equipment used by collectors or waste haulers shall be subject to inspection by the Borough of Dublin or its authorized agents at any reasonable hour without prior notification.
[Ord. 291, 9/13/2010, § 8]
No person shall collect, or remove any municipal waste from within the Borough of Dublin without first obtaining written authorization from PADEP in accordance with the provisions of Act 90 and providing a copy of such written authorization to (name of municipality). 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.
For a collector or waste hauler to collect and transport municipal waste within the Borough of Dublin a collector or waste hauler shall submit a registration form to the Borough of Dublin 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-PM-BWMOO15) along with any of the following information that may be deemed appropriate by the municipality:
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 (such as vehicle license number, vehicle registration number, or company identification number); date and location of most recent vehicle inspection; and hauling capacity of the vehicle.
The type of municipal waste to be collected and transported.
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.
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 (such as vehicle license number, vehicle registration number, or company identification number); date and location of most recent vehicle inspection; and hauling capacity of the vehicle.
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 the Borough of Dublin.
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. 291, 9/13/2010, § 9]
All licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials operating within the Borough of Dublin 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 the Borough of Dublin shall prepare and submit an annual report to the municipality on the official collectors and haulers recyclables documentation 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 the Borough of Dublin by January 31 of each year and include all of the required information pertaining to the preceding calendar year.
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 documentation reporting form to the County by February 28 of the year following the reporting period.
[Ord. 291, 9/13/2010, § 10]
Any person who shall violate any provision of this Part, upon conviction thereof, shall 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 the Borough of Dublin and may be subject to the revocation of the state authorization to transport municipal waste, as described in Act 90.
[Ord. 291, 9/13/2010, § 11]
The Borough of Dublin 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.