Township of Middletown, PA Article VI Collection and Transportation

§ 418-601 Short title.

This article shall be known and referred to as the "Municipal Waste Collection and Transportation Ordinance of the Township of Middletown."

§ 418-602 Prohibited activities.

A. It shall be unlawful for any person to collect and/or transport municipal solid waste from any residential, public, commercial, industrial or institutional establishment within the municipality without first securing written authorization from the PA DEP in accordance with the provisions of Act 90.

B. It shall be unlawful for any person to store, collect, and/or transport municipal solid waste or recyclable materials from any sources within the municipality in a manner not in accordance with the provisions of this article, any applicable municipal ordinance, the revised Bucks County Plan, Act 90, Act 101, the minimum standards and requirements established in Chapter 285 of the PA DEP municipal waste management regulations, any applicable Bucks County Department of Health regulations, and/or any other federal, state or local regulations.

C. It shall be unlawful for any person to scavenge any material from any municipal solid waste or recyclable materials that are stored or placed for subsequent collection within the municipality without prior approval from the municipality.

§ 418-603 Standards for collection and transportation.

All collectors operating within the municipality must comply with the following minimum standards and regulations:

A. All trucks or other vehicles used for collection and transportation of municipal solid waste and/or recyclable materials must comply with the applicable requirements of Act 90, Act 97, Act 101 and PA DEP regulations adopted pursuant to Act 97 and Act 101, including Title 25 of the Pennsylvania Code Chapter 285, Subchapter B, regulations for the collection and transportation of municipal solid waste.

B. All collection vehicles conveying putrescible municipal solid waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, and the creation of odors and other nuisances.

C. All collection vehicles conveying nonputrescible municipal solid waste and/or recyclable materials shall be capable of being enclosed or covered to prevent litter and other nuisances.

D. All collection vehicles conveying municipal solid waste and/or recyclable materials shall 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.

E. All collection vehicles and equipment used by collectors shall be subject to inspection by the Township of Middletown or its authorized agents at any reasonable hour without prior notification.

§ 418-604 Licensing and registration requirements.

A. No person shall collect or remove any municipal solid waste from within the municipality without first obtaining written authorization from the PA DEP in accordance with the provisions of Act 90 and providing a copy of such written authorization to the municipality. This section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household solid waste to PA DEP-approved facilities or recyclable materials 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.

B. For a private, licensed, or authorized collector to collect and transport municipal solid waste within the municipality, a collector shall submit a registration form to the municipality, 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, at 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 collector has valid liability, automobile and workers' compensation insurance in the minimum amounts established and required by separate resolution of the governing body of the municipality.

(4) If the collector is hauling or collecting 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 the hauling capacity of the vehicle.

C. Any person who fails to satisfy the minimum standards and requirements of this article or is in violation of the provisions of this article may not lawfully collect municipal solid waste or recyclable material in the municipality.

D. All private, licensed, or authorized collectors of municipal solid waste or recyclable materials shall meet the requirements of Act 90, Act 97, Act 101, the Bucks County Municipal Waste Management Plan, and all PA DEP rules and regulations (Chapter 285 of Title 25 of the Pennsylvania Code).

§ 418-605 Reporting requirements.

A. All private, licensed, or authorized collectors of municipal solid waste or recyclable materials operating within the municipality shall participate in the Bucks County Municipal Recycling Documentation Program. The program will provide a system for documenting the origin of municipal solid waste and recyclable material within the municipality and the ultimate disposal point of said waste and recyclables. Each private, licensed, or authorized collector of municipal solid waste or recyclable materials operating in the municipality shall prepare and submit an annual report to the municipality on the official collector's solid waste and/or recyclable materials documentation reporting form. The report shall be submitted by the PA DEP-licensed collector to the municipality by January 31 of each year and include all of the required information pertaining to the preceding calendar year.

B. All annual reports submitted to the municipality from private, licensed, or authorized collectors of municipal solid waste or recyclable materials shall be combined into a single report and submitted by the municipality on the official municipal documentation reporting form to the county by February 28 of the year following the reporting period.

§ 418-606 Violations and penalties.

Any person who shall violate any provision of this article, 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 article continues or each section of this article 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 article or the failure to do any act or thing as to this article is punishable as herein stated. Authorized, private, and licensed collectors who shall violate any provision of this article may be reported to the PA DEP by the municipality and may be subject to the revocation of the state authorization to transport municipal waste, as described in Act 90.

§ 418-607 Injunctive powers.

The Township of Middletown 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 article.