[Adopted 7-11-1989 by Ord. No. 54-B]
This article shall be known and may be cited as the "Solid Waste
Management Ordinance of the Township of Nockamixon."
It is hereby declared to be the purpose of this article to coordinate
and to regulate the storage, collection, transportation, processing
and disposal of all solid waste materials as herein defined in order
to protect the public safety, health and welfare of the people of
the Township of Nockamixon, hereinafter referred to as "municipality."
For the purpose of this article, the following words and phrases
shall have the meanings given herein:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, P.L. 556, signed by the Governor on July 28, 1988.[1]
Empty all-aluminum beverage and food containers which do
not attract a magnet.
A person, individual, partnership or corporation or employer
or agent thereof authorized by contract with the municipality to collect
solid waste or recyclable materials from residential, commercial and
institutional properties as herein defined under the terms and conditions
of this article. In the event of municipal collection, this definition
shall include the governing body and employees thereof.
The Bucks County Planning Commission, County of Bucks, Pennsylvania.
Empty food or beverage containers consisting of ferrous portions,
usually the sides and bottom, which attract a magnet and an aluminum
portion, usually the top, which does not attract a magnet.
Large items of refuse, including but not limited to appliances,
large auto parts, furniture and large trees and branches which require
collection in other than conventional compactor refuse collection
vehicles.
The person, firm, agency or public body or employee or agent
thereof who or which is engaged in the collection and/or transportation
of solid waste.
All properties used for industrial or commercial purposes,
provided that multiple-dwelling residential buildings containing more
than four dwelling units, unless the units are individually owned
with separate entrances from the outdoors, for the purposes of this
article shall be treated as commercial properties.
The Commonwealth of Pennsylvania.
Organic waste which is capable of undergoing composting.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
A facility at which composting is done.
A can, mechanical bin, box or disposable container used for
storage of refuse.
A private firm awarded a contract to perform a service.
The County of Bucks, Pennsylvania.
Any metal container which may be mechanically lifted and
emptied into the collection vehicle.
A site, location, tract of land, area or premises used or
intended to be used for solid waste disposal.
A location established by the municipality or a private organization
for the receipt and temporary storage of recyclable materials.
A site for the consolidation of waste from one or more sources
which has little or no management.
A parcel of land with at least five acres of land devoted
to agriculture, either to raising crops, nursery stock, Christmas
trees, livestock, poultry or pasture.
Empty steel or tin food or beverage containers which attract
a magnet.
Animal and vegetable waste resulting from the handling, preparation,
cooking and serving of foods. It does not include wastes from industrial
processing or manufacturing of food products, bodies of dead animals
or human or animal excrement.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
The elected officials of the municipality.
Solid waste that is especially harmful or potentially harmful
to public health as defined in the Pennsylvania Solid Waste Management
Act (Act 97).[2] This shall include, but not be limited to, explosives,
toxic materials and medical wastes. For purposes of this article,
"hazardous waste" does not include small quantities of such waste
available on a retail basis to the homeowner (e.g., aerosol cans,
fertilizer, herbicides, household cleaners, paints, pesticides, etc.).
See "residential solid waste."
An enclosed device using controlled combustion for the primary
purpose of thermally breaking down solid waste and which is equipped
with a flue.
See "municipal waste landfill."
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all
other paper products of any nature whatsoever.
The buildings, equipment, lands and other facilities owned
or controlled by the municipal government, such as the Township municipal
building or borough hall, police station, municipal garage, etc.
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.
A PADEP-approved method of disposing of refuse on land without
creating nuisances or hazards to the public health or safety, as otherwise
required by the Rules and Regulations for Municipal Waste Landfills,
Chapter 273 of Article VII, Title 25, Environmental Resources, Pennsylvania
Bulletin, Vol. 18, No. 15, April 9, 1988.
The Township of Nockamixon, Bucks County, Pennsylvania.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded, however, are newspapers which have been soiled.
Any person who manages any solid waste storage, transfer,
processing or disposal operation.
The Pennsylvania Department of Environmental Protection.
Any individual, firm, partnership, corporation, cooperative
enterprise, trust, federal institution or agency, state institution
or agency, municipality, other governmental agency or any other entity
or any group of such persons which is recognized by law and is the
subject of rights and duties.
The Municipal Solid Waste Management Plan as submitted to
the county and to the PADEP by Nockamixon Township.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled.
A collector or contractor awarded a contract to provide waste
collection and waste hauling and disposal services to residential,
commercial and/or institutional properties on a private contract basis.
A plant, establishment, set of equipment or other operation
which processes, handles or otherwise modifies the materials provided
to it.
Those materials which may be processed or refabricated for
reuse and which are specified by the municipality for separation from
the regular solid waste. Such materials may include, but not be limited
to, aluminum products, cardboard, ferrous containers, bi-metal containers,
glass containers, newspapers, magazines, periodicals, other paper
products of various kinds, plastic containers and yard wastes.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, plastics and other materials which would otherwise
be disposed or processed as municipal waste.
A facility established to receive, process, store, handle
and ship recyclable materials.
All solid wastes, except body wastes, and shall include,
but is not limited to, garbage, ashes, bulky waste and rubbish, except
that "refuse" shall specifically exclude hazardous waste.
The Municipal Solid Waste Regulations for Nockamixon Township
issued as provided by this article.
An occupied single-family or multifamily dwelling having
up to four dwelling units per structure or each unit in a multifamily
structure if the dwelling units are individually owned with separate
entrances.
Properties used as dwellings, including buildings having
up to four dwelling units in one building. Multiple-dwelling residential
buildings containing more than four dwelling units, unless these units
are individually owned with individual entrances from the outdoors,
for the purposes of this article shall be treated as commercial properties.
Ordinary trash or solid waste generated by a residential
household.
Waste resulting from industrial, mining or agricultural operations
and sludge from a water supply treatment facility, wastewater treatment
facility or air pollution control facility, if it is not hazardous.
Solid materials remaining after burning, including but not
limited to ashes, metals, glass, ceramics and unburned organic substances.
A plant, establishment, set of equipment or other operation
which recovers useful materials and/or products, including heat, electricity
and/or recyclable materials, from otherwise waste materials.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper or plastic and noncompostable plant material, wood or
nonputrescible solid waste).
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to automobiles, metals, chemicals, shipping containers
or drums.
The controlled removal of reusable materials at a salvage
operation.
See "municipal waste landfill."
Uncontrolled or unauthorized removal of solid waste materials.
Ashes, bulky items, garbage, refuse, residues, trash, rubbish
and other wastes, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials, as defined in the Act of July 7, 1980 (P.L. 380,
No. 97), known as the "Pennsylvania Solid Waste Management Act (SWMA)."[3]
The purposeful, systematic control of the storage, collection,
transportation, processing and disposal of solid waste.
The separation and storage, at the source where created or
generated, of materials which are to be recycled.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
The Act of July 7, 1980 (P.L. 380, No. 97), known as the
"Pennsylvania Solid Waste Management Act."[4]
The charge or cost to tip, dump or otherwise dispose of a
load of materials such as municipal solid waste at a processing or
disposal facility.
A facility which receives and temporarily stores solid waste
at a location other than the generation site and which facilitates
the bulk transfer of accumulated solid waste to a facility for further
processing or disposal.
Ordinary residential household or commercial solid waste.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term shall not include source-separated recyclable materials.
A facility used for the incineration of solid waste and the
production of steam and electricity or other useful forms of energy.
Prunings, grass clippings, weeds, leaves and general yard
and garden wastes.
The Township of Nockamixon shall be responsible for oversight
of all aspects of solid waste management within the municipality and
shall be responsible for enforcing any violations of this article
or of any of the regulations issued hereunder.
A.
No person shall permit any solid waste to accumulate and be stored
or placed outside the residence or other buildings upon property owned
or occupied by said person in the municipality for a period of longer
than seven days, unless the solid waste consists of source-separated
recyclable materials, which materials may be stored until the next
collection of recyclable materials.
B.
Owners and occupiers of residential property are hereby required
to make accumulated solid waste available for collection as scheduled
under the terms hereof.
D.
All solid waste accumulated on any residential property in the municipality
shall be collected, conveyed and disposed of by an authorized collector
and in accordance with the provisions of this article, except that
recyclable materials maybe collected, conveyed and disposed of by
property owners from their own property for the intended purpose of
depositing such recyclables in drop-off or recycling centers, providing
they comply with the provisions of this article pertaining to refuse
containers and vehicles and providing they remove their recyclables
to a site approved by the municipality.
E.
All solid waste accumulated on commercial, institutional and municipal
properties shall be collected, conveyed and disposed of by authorized
collectors licensed by the municipality. In such a case where a commercial
or institutional establishment contracts directly with a collector,
the fee or payment shall be a matter of private agreement between
the owners or occupiers and the collector. When approved by the municipality,
owners of nonresidential properties may collect, convey and dispose
of privately generated solid waste by their own containers and/or
trucks, providing they comply with the provisions of this article
applicable thereto.
F.
It shall be unlawful for any person to collect and dispose of any
solid waste within the municipality except as provided in this article.
A.
It shall be unlawful to keep or allow in or about any dwelling or
upon any land or other premises within the municipality solid waste
of any kind which is obnoxious or offensive by reason of dust or odor
or which attracts insects and vermin, except in covered receptacles.
The cover shall be tight and flyproof, and it shall be unlawful to
retain accumulation of any of said solid waste so as to constitute
a menace to the health and safety, it being a presumption that such
a menace exists when more than seven days have elapsed after such
solid waste is originally retained, accumulated or permitted to accumulate
in the open, and nothing herein contained shall be construed to permit
the retention of any solid waste which is or becomes obnoxious or
offensive by reason of dust or odor or which attracts insects or vermin.
B.
No volatile liquids, explosives, radioactive material or containers
which would explode upon contact with heat or fire shall be placed
for collection, except small household spray cans which must be used
up completely prior to discard.
C.
No hazardous waste shall be stored or placed for collection on residential
properties, except for small quantities of such waste normally found
in the household and available on a retail basis to the homeowner.
A.
Every person shall provide sufficient approved containers for receiving
and holding solid waste. Containers shall be kept in a sanitary condition
at all times.
B.
Garbage (food waste) and rubbish shall be stored in plastic trash
bags which are closed at the top so as to be watertight and flyproof
and/or in a container which shall have a tight-fitting cover, have
suitable handles, watertight and flyproof, and be able to be carried
easily by the collector.
C.
Garbage (food waste) shall be drained of liquids.
D.
Containers shall be kept tightly covered at all times.
E.
Containers shall be stored on the owner's property.
F.
When mechanical bins or detachable containers are in use, they shall
be easily accessible to the collection vehicle.
G.
All solid waste shall be stored in containers, except yard waste,
glass, metal and newspapers, magazines or books.
H.
Yard waste may be placed in plastic trash bags or may be placed next
to containers if it is tightly secured, not more than four feet in
length nor more than 20 inches in diameter and not more than 50 pounds
in weight.
I.
Glass bottles and/or metal cans for recycling shall be cleaned or
rinsed and may be placed in separate boxes, pails or other containers
with a maximum weight of 50 pounds, including the container.
J.
Newspapers and magazines must be tied securely or placed in cardboard
boxes or other suitable containers with a maximum weight of 50 pounds,
including the container.
K.
The municipality specifically reserves the right to modify and to
specifically provide for some other receptacle for the handling of
solid waste which the governing body may at some future time deem
to be acceptable, appropriate and beneficial for handling of said
solid waste material.
A.
All homeowners and all owners or operators of commercial and industrial firms and of institutions shall contract directly with a private collector who is licensed under the provisions of § 180-9 of this article, except for the collection of recyclable materials as indicated below.
B.
The municipality may, at its discretion, contract or otherwise arrange for the collection of recyclable materials that have been separated by persons in accordance with regulations adopted by the municipality under Article II, Recycling, of this chapter.
C.
The collectors of household solid waste and of recyclable materials
shall provide service to all who require service and have paid the
required fees.
D.
Collection requirements.
(1)
All household solid waste shall be collected at least once each week,
with the exception of recyclable materials, bulky waste and dead animals.
All commercial, institutional, other municipal and industrial solid
waste shall be collected as often as required to prevent accumulation
of the volumes generated and to avoid or prevent environmental problems.
(2)
All recyclable materials separated by a person for collection in accordance with appropriate regulations adopted by the municipality under Article II, Recycling, of this chapter shall be collected or dropped off at designated centers at least once each month.
(3)
Bulky wastes, dead animals, etc., shall be collected as necessary
(see below).
E.
The collectors of household solid waste and of recyclable materials
shall establish, record and publish or make available to all households
and other customers regular collection schedules. If a collection
day falls on a holiday, the collector shall notify all customers of
when collection will be made.
F.
All collection and transportation vehicles shall be constructed of
metal or other impervious materials, able to be enclosed or fitted
with a cover which will be used to prevent spillage of the contents,
except that recyclable materials may be collected and transported
in open vehicles. All waste materials dropped on streets or roads
shall be immediately picked up.
G.
All vehicles shall be cleaned at sufficient frequency to prevent
nuisance or insect-breeding.
H.
Place of collection.
(1)
Refuse containers shall, for the purpose of collection, be placed
at the curb or street line, at ground level, and made readily accessible
to the collector.
(2)
Notwithstanding the provisions of this article, residential property owners, commercial establishments or other persons may, by mutual agreement with an authorized collector, be permitted to place containers at a location on their property other than as specified in Subsection H(1).
(3)
Collections shall be made from all properties throughout the municipality.
This shall include all streets, dedicated or otherwise, and shall
include those streets that are temporarily closed for repairs or construction.
In the latter case, special collection points shall be designated
by the governing body if the condition of the street would prevent
access thereto by the collector's truck.
I.
Frequency of collection.
(1)
Collection schedule and routes. The authorized collectors shall collect
solid waste, as defined herein, throughout the municipality on routes
and schedules developed and mutually agreed upon by the governing
body and the collector and which may be modified from time to time
as necessary and as agreed upon by the governing body.
(2)
Holidays. Solid waste collection shall not be made on the following
holidays: January 1, New Year's Day; last Monday of May, Memorial
Day; July 4, Independence Day; first Monday of September, Labor Day;
fourth Thursday of November, Thanksgiving Day; December 25, Christmas
Day; or other holidays established in advance by the authorized collector.
The authorized collector shall provide at least two weeks' prior
notification to every household on the collection route of any other
holidays or weekdays on which there will be no collection service.
(3)
Hours. Collections shall be made at those hours mutually agreed upon
between the collector and the governing body. Hours agreed upon shall
be so indicated within the collection contracts or licenses.
(4)
Cleanup and special collections. The collector shall, on scheduled
routes, cooperate with special cleanup drives as may be promulgated
by the governing body, which shall not exceed two in number in any
one year. In addition, upon request, the collector shall provide a
separate and special collection on a day or days as may be required
in order to collect abandoned Christmas trees.
J.
Collection of bulky wastes (i.e., large objects, used appliances,
etc.). The person requiring removal from the premises and disposal
of large objects, such as mattresses, bedsprings, used appliances,
etc., shall make special arrangements with the authorized collector
or other private collector/hauler to have the items taken to an approved
disposal facility.
K.
Collection of demolition debris and construction wastes. The person
requiring removal from the premises and disposal of demolition debris
and construction wastes shall make special arrangements with the authorized
collector or other private collector/hauler to have the debris or
wastes taken to an approved disposal facility.
L.
Dead animals. Any person who observes a dead animal on a public roadway
or wishes the collection and disposal of a dead animal from private
property shall notify the Township police or the County Health Department
to have the dead animal removed and transported to an approved disposal
facility.
N.
Farm wastes. Animal manure and other farm wastes are excluded from
the provisions of this article and any regulations issued therefrom.
O.
Leaf wastes. In accordance with Act 101, Section 1502(a),[2] after September 26, 1990, no yard wastes containing solely
leaves, leaf waste or other material consisting primarily of dead
leaves may be placed for collection by any person unless the leaves
or leaf wastes are to be composted.
[2]
Editor's Note: See 53 P.S. § 4000.1502(a).
P.
Industrial residues. Residues from industrial operations are excluded
from the provisions of this article and any regulation issued therefrom.
Q.
Septage and other sludges. Materials removed from septic tanks, storm
drains, manholes and other sludges are excluded from the provisions
of this article and any regulations issued therefrom.
A.
No person shall collect, remove, haul or convey any solid waste through
or upon any of the streets or alleys of the municipality or dispose
of the same in any manner or place without obtaining a license from
the governing body. Such a license shall not be required of private
owners collecting and removing their own privately generated refuse
in approved containers and/or vehicles to a PADEP-approved disposal
site or to an authorized recycling facility.
B.
All collectors shall be licensed by the municipality and designated
"licensed private collector - residential" and/or "licensed private
collector - commercial" only upon resolution of the governing body.
C.
A fee for such license shall be set by the governing body on an annual
basis, and all licenses shall be issued for the calendar year or such
portion thereof. There shall be no reduction in the fee for a license
issued after the beginning of any calendar year.
D.
Every person who shall apply for a license under this section shall
state the manner of collection and the place and method of disposal.
E.
No license shall be granted if the method of disposal shall not conform
to the requirements of this article or to the ordinance of any municipal
or quasi-municipal corporation wherein disposal of refuse is to be
made. Such requirements may include, but not be limited to, a provision
requiring the collection and transport of recyclable materials in
accordance with a municipal recycling ordinance.
F.
No licensed collector shall make any change in the arrangements for
disposal of solid waste collected by him without first receiving the
approval of the governing body.
G.
It shall be unlawful for an unlicensed collector to collect or remove
solid waste from a household, institution or commercial enterprise,
providing the collector is not collecting and/or removing such solid
waste from his or her privately owned property, and providing such
collector complies with all other provisions of this article applicable
thereto.
H.
Collectors shall be required to have liability and automobile insurance
in amounts established by the governing body in the appropriate regulations,
and the collectors shall provide appropriate certificates thereof.
A.
All vehicles used for collection of solid waste, except recyclable
materials and large, bulky wastes, shall have enclosed cargo space,
unless such collection is done by private individuals from solid waste
generated on private property, at which time appropriate containers
shall be utilized, and all other provisions of this article affecting
such collection shall be adhered to.
B.
It shall be unlawful to collect, haul, transport or convey solid waste in open, unenclosed vehicles unless such refuse is hauled from private property by the owner, except that open-type vehicles may be used for the collection of clean, nonputrescible recyclable materials, such as newspapers, glass and metals, and for the collection of large items of debris which cannot, because of size, be collected by ordinary means, in accordance with the provisions of § 180-8J and K.
C.
Trucks shall at all times be in good and proper mechanical condition
and in compliance with the minimum safety and sanitary regulations
of the laws of the Commonwealth of Pennsylvania, the County of Bucks
and the municipality.
D.
The collector shall furnish proof of ownership of the vehicle(s)
to be used or must produce in writing a lease or rental agreement
between the titled owner of the vehicle(s) and the collector.
E.
Vehicles and equipment shall not be overloaded so that garbage or
trash may spill or drop on the highways or streets, and the equipment
shall be so designed or maintained as to prevent the leakage of fluids.
All trucks shall be regularly cleaned and kept in proper condition
and shall bear the name and address of the contractor plainly visible
on both cab doors.
F.
All vehicles shall be inspected by a designated agent of the municipality
for compliance with the provisions of this article, prior to the issuance
of any license, and shall thereafter be inspected every year on or
before the anniversary date of said license.
G.
Each truck shall be manned by at least one driver and one helper,
except as approved by the governing body (e.g., special collection
vehicles or under emergency conditions).
H.
Each truck shall have at least one broom and shovel to clean up refuse
that may be spilled or otherwise scattered during the process of collection.
I.
The collector shall file with the governing body a list of all vehicles
and equipment with identification information thereon. Change in equipment
shall be promptly reported to the governing body so that at all times
its records will be correct and accurate.
J.
The collector, at his or her expense, shall store and park the equipment
at a convenient and lawful place. No trucks or equipment may be parked
or stored on any street within the municipality, except during actual
collection periods.
A.
All storage of solid waste after separation of recyclable materials
and collection and before disposal shall only be in transfer stations
which conform to the regulations of the Commonwealth of Pennsylvania,
the County of Bucks and the municipality. The only exception shall
be full or partially full collection vehicles which have made a final
pickup for the day. In no case shall such collection vehicles be permitted
to hold solid waste longer than 24 hours.
B.
Storage of recyclable materials after collection may be in authorized
drop-off centers or recycling centers.
C.
All plans and specifications for transfer stations shall be submitted
for approval and permit issuance to the municipality, the County of
Bucks and to the Commonwealth of Pennsylvania. A permit must be received
from the commonwealth before operation commences.
D.
All storage of solid waste in transfer stations shall be limited
to no more than 48 hours.
E.
Operators of transfer stations must submit to the municipality a
contingency plan for the disposition of solid waste which is not able
to be removed from the site within 48 hours because of an emergency
situation.
A.
It shall be unlawful for any collector to dump, process, destroy,
bury or otherwise dispose of solid waste within the jurisdictional
limits of the municipality except at facilities approved and permitted
by the municipality, the County of Bucks and the PADEP.
B.
All collectors shall dispose of the solid waste from the municipality
at a sanitary landfill, incinerator, composting facility, resource
recovery facility, transfer station, waste-to-energy plant or other
facility approved and permitted by the PADEP or equivalent agency
of another state.
C.
The specific disposal site shall be designated by the municipality
in its contracts and/or licenses with collectors.
D.
All disposal regulations at the designated disposal site shall be
adhered to by the collector(s).
E.
All vehicles used for collection shall use, in so far as practical,
state highways when proceeding to and from the designated disposal
site, except when using roads or streets in those Townships or boroughs
where licensed to collect.
A.
All solid waste processing shall be accomplished by approved methods
in properly permitted facilities, including but not limited to composting
plants, incinerators, recycling centers, resource recovery facilities,
waste-to-energy plants and salvage operations, conforming to all the
applicable laws, ordinances and zoning requirements.
B.
All plans and specifications shall be approved by the PADEP prior
to the construction and operation of such processing facilities.
C.
All composting facilities, incinerators, recycling centers, resource
recovery facilities, transfer stations, waste-to-energy plants and
other processing facilities shall be operated so that pollution of
the air will not exceed the air quality standards established by the
PADEP.
D.
Residues or discards from the processing facilities shall be properly
disposed at a PADEP-approved and permitted facility.
A.
It shall be unlawful for any person to scavenge any materials delivered
and deposited for disposal except as may be provided for in the municipality's
solid waste rules and regulations promulgated under this article.
B.
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.
C.
It shall be unlawful to make garbage available for animal consumption
unless such refuse has been heat-treated to kill any disease agent
therein.
D.
It shall be unlawful for any person to use, maintain or operate an
open dump.
E.
It shall be unlawful for any person to burn any solid waste except
in a manner and under conditions prescribed by the regulations, and
such burning shall be in accordance with the pertinent rules and regulations
of the municipality, the county and PADEP.
F.
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 water or public or
private property except as provided in this article.
The collection of solid waste in the municipality and the disposal
thereof shall be subject to such further reasonable rules and regulations
as may from time to time be promulgated by the governing body; provided,
however, that no such rules and regulations shall be contrary to the
provisions of this article or applicable law.
A.
All containers, vehicles, equipment, transfer stations, processing
facilities, disposal sites, books and records of authorized, unauthorized
or prospective collectors, storers, processors and disposers are subject
to inspection by the governing body or its authorized agent at any
reasonable hour without prior notice.
B.
Vehicles and equipment of collectors shall be inspected by the governing
body or its authorized agent before being put into operation and may
be inspected on occasion by the governing body or its authorized agent
during operation to ensure compliance with all rules and regulations
prescribed by the municipality.
C.
All solid waste storage, transfer, processing or disposal facilities
within the municipality shall also be inspected immediately prior
to commencement of operation of the site and at least once per year
thereafter in concert with representatives of the commonwealth.
D.
If violations of this article are discovered in the course of these
inspections, the Township police and Zoning Officer are empowered
to enforce this article.
Prior to operation of any solid waste storage, recycling, transfer,
processing or disposal facility within the municipality, the applicant
shall be required to present evidence of insurance coverage.
The Nockamixon Township Board of Supervisors may petition the
Bucks County Court for an injunction, either mandatory or prohibitive,
to enforce any decision regarding the implementation and enforcement
of this article.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
30 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense.
[Amended 1-9-2001 by
Ord. No. 101]
B.
The governing body shall have the right, at any time, and without
refund of any part of the license fee, to suspend or revoke the license
of any authorized or private collector for any of the following causes:
(1)
False or misleading statements in the application for a license.
(2)
Lapse or cancellation of insurance coverage.
(3)
Collecting or transporting refuse in a careless or negligent manner
resulting in dirt, odor or any unsanitary condition.
(4)
Failure to deposit solid waste at a Department of Environmental Protection-approved
disposal site in compliance with all disposal regulations in force
at the approved site.
(5)
A violation of any part of this article or any other ordinances of
the municipality or any applicable state or county laws.
