[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]
1.
ACT 101
ACT 90
ACT 97
BOROUGH OF DUBLIN
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
COMMUNITY ACTIVITY
COUNTY
DISPOSAL
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPALITY
PADEP
PERSON
PROCESSING
RECYCLING
SCAVENGING
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSPORTATION
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.
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.
The Pennsylvania Waste Transportation Safety Act of 2002
(P.L. 596, No. 90, June 29, 2002), 27 Pa.C.S.A. § 6201 et
seq.
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980), 35 P.S. § 6018.101 et seq.
The Borough of Dublin, Bucks County, Pennsylvania.
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.
Any establishment engaged in a non-manufacturing or non-processing
business, including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
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).
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 and universities.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
A person who has written authorization from the PADEP under
Act 90 to collect, haul, transport and dispose of 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.
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.
2.
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]
1.
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.
2.
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.
3.
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]
1.
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.
2.
All containers and garbage (food waste) shall be drained free of
liquids before disposal.
3.
Garbage shall be wrapped or placed in suitable bags prior to depositing
in containers.
4.
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.
5.
Containers shall be made of durable, watertight, rust-resistant material
having close-fitting lids and handles to facilitate handling.
6.
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.
7.
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.
8.
Persons shall separate leaf waste and grass clippings from other
waste generated at their homes, apartments and other residential establishments
until collection.
9.
It shall be unlawful to make garbage available for animal consumption
unless such refuse has been heat-treated to kill any disease agent
therein.
10.
It shall be unlawful for any person to use, maintain or operate an
open dump.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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]
1.
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.
2.
The following recycling program shall be in effect in the Borough.
A.
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.
B.
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.
3.
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.
4.
The Borough Manager shall establish and maintain a public information
and education program concerning the recycling program.
5.
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.
6.
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]
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 the Borough of Dublin without first securing
written authorization from the PADEP in accordance with the provisions
of Act 90.
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 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.
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 the Borough
of Dublin without prior approval from the municipality.
[Ord. 291, 9/13/2010, § 7]
1.
All collectors or waste haulers operating within the Borough of Dublin
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 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 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 Borough of Dublin or
its authorized agents at any reasonable hour without prior notification.
[Ord. 291, 9/13/2010, § 8]
1.
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.
2.
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.
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.
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 (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.
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 the Borough of Dublin.
4.
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]
1.
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.
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 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.
