Borough of New Britain, PA General

The following words, when used in this part, shall have the meanings ascribed to them in this part, except in those instances where the context clearly indicates otherwise:

ACT 90

The Pennsylvania Waste Transportation Safety Act of 200, 27 Pa.C.S.A. § 6201 et seq. (P.L. 596, No. 90, June 29, 2002).

ACT 97

The Pennsylvania Solid Waste Management Act of 1980, 35 P.S. § 6018.101 et seq. (P.L. 380, No. 97, July 7, 1980).

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, 53 P.S. § 4001.101 et seq. (Act 1988, P.L. 101, July 28, 1988).

ASHES

The residue from the burning of wood, coal, coke and other combustible materials for the purposes of heating and cooking. It shall not include the cinders produced in steam-generating plants.

BOROUGH

The Borough of New Britain.

BOROUGH-OWNED PROPERTIES

Properties owned and/or operated by the Borough of New Britain.

BUILDING RUBBLE

The waste material resulting from the construction or demolition of buildings or roads, tree trunks and limbs and other similar material.

COLLECTOR

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 municipal waste into or on the land or water in a manner that the municipal waste or a constituent of the municipal 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).

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods. It shall not include food-processing wastes from canneries, packing plants, or similar industries, nor large quantities of condemned food products.

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.

MULTIFAMILY PROPERTIES

All properties used exclusively for a multifamily residence or multifamily residences.

MULTIFAMILY RESIDENCE

Any occupied structure having an excess of four dwelling units per structure, including, without limitation, apartments, townhouses, condominiums, and cooperatives.

MUNICIPAL WASTE

Any garbage, refuse, solid waste, 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 "residential 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.

MUNICIPALITY

Any of the 54 minor civil divisions in Bucks County, Pennsylvania.

NONRESIDENTIAL PROPERTIES

Properties used for used other than residences or multifamily residences. The term also shall not include Borough-owned property.

PADEP

The Pennsylvania Department of Environmental Protection.

PERSON

Any natural person, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity recognized by laws 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 as well as the corporation or other legal entity itself.

PROCESSING

Any technology used for the purpose of reducing the volume or bulk of municipal or residential 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.

RECYCLABLE MATERIALS

Aluminum cans, clear glass containers, plastics, newspaper, and such other materials specified by the municipality to be recycled in the municipality's recycling regulations resulting from this part and as revised from time to time as deemed necessary by resolution of Borough Council.

RECYCLING

The collection, separation, recovery and sale or reuse of recyclable materials 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.

REFUSE

Garbage, ashes, rubbish and building rubble as herein defined.

RESIDENCE

Any occupied single or multifamily dwelling having up to four dwelling units per structure from which a municipal or private hauler under contract with the Borough of New Britain collects municipal waste.

RESIDENTIAL PROPERTIES

All properties used exclusively for a residence or residences.

RUBBISH

All waste materials not included in "garbage" and "ashes" except large dead animals, large machinery or vehicles or such other waste materials as are not commonly produced in homes, stores, and institutions.

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.

SOLID WASTE

All refuse and other discarded solid material normally collected by a municipal or private collector.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Recyclable materials, as defined in this section, 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.

For the purpose of this part, the singular shall include the plural and the masculine shall include the feminine and neuter.

§ 369-3 Municipal waste management at all properties.

All persons shall store, collect, haul, transport, process, and dispose of any municipal waste 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 295 of the PADEP Municipal Waste Management Regulations, any applicable Bucks County Department of Health regulations, and/or any other federal, state, or local regulations.

§ 369-4 Prohibited activities.

It shall be unlawful for any person to collect and/or transport municipal waste from any residential, public, commercial, industrial or institutional establishment within New Britain Borough 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 New Britain Borough 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 New Britain Borough without prior approval from the municipality.

The accumulation or burying of refuse on a commercial basis upon any premises within the Borough is hereby prohibited. It shall further be unlawful for any person to transport refuse into the Borough of New Britain from without its boundaries for the purpose of accumulating, burying, burning or destroying such refuse within the said Borough.

It shall be unlawful for any person to keep in or about any dwelling or upon any land or other premises within the Borough any garbage or refuse 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 fly-proof.

§ 369-5 Standards for collection and transportation.

All collectors or waste haulers operating within New Britain Borough 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 Title 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 shall bear signs identifying the name and business address of the person or municipality that 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 New Britain Borough or its authorized agents at any reasonable hour without prior notification.

§ 369-6 Licensing and registration requirements.

No person shall collect or remove any municipal waste from within New Britain Borough without first obtaining written authorization from PADEP in accordance with the provisions of Act 90 and providing a copy of such written authorization to New Britain Borough. This section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste to PADEP-approved facilities or their 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 New Britain Borough, a collector or waste hauler shall submit a registration form to New Britain Borough 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-BWM0015), along with any of the following information that may be deemed appropriate by the municipality:

(1)

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.

(2)

The type of municipal waste to be collected and transported.

(3)

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.

(4)

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 who is in violation of any of the provisions of this part may not lawfully collect municipal waste of source-separated material in New Britain Borough.

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).

§ 369-7 Reporting requirements.

All licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials operating within New Britain Borough 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 New Britain Borough 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 New Britain Borough 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.