[Adopted 8-13-1991 by Ord. No. 5-1991]
This article shall be known and may be cited as the "Solid Waste
Collectors' Licensing Ordinance."
As used in this article, the following terms shall have the
definitions as set forth in this section:
Any person collecting or transporting municipal solid waste
for monetary or business purposes and any business or institution
within the Borough of Plymouth which generates sufficient municipal
solid waste to require disposal directly by its own employees and
equipment.
Transporting waste materials to an incinerator, sanitary
landfill, a resource-recovery facility or other site and making final
deposition.
Except as modified by the current contract between the designated
disposal facility and Luzerne County, any garbage, refuse, industrial
lunchroom or office waste and other 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 in the Solid Waste Management Act,
35 P.S. § 6018.101 et seq., from a municipal, commercial
or institutional water supply treatment plant, wastewater treatment
plant or air pollution control facility.
Any natural person, association, partnership, firm or corporation.
A.
No person shall act as a municipal solid waste collector in the Borough
of Plymouth without first obtaining a license from the Borough pursuant
to this article.
B.
Each collector's license hereunder shall be effective for a
maximum of one calendar year, terminating on December 31 of the year
for which it was issued and subject to renewal upon application.
C.
Application for a collector's license shall be made on a form prescribed by the Borough of Plymouth and made to the office of the Borough Secretary. Each application must be accompanied by proof of adequate insurance coverage and by a fee in accordance with § 195-4 of this article. Proof of said insurance coverage must be submitted to the Borough of Plymouth.
D.
Any collector who possesses a valid license issued by another municipality
in Luzerne County shall be entitled to a license conditioned only
upon continuing compliance with this article and any other solid waste
ordinance of the Borough of Plymouth.
E.
A licensee of another municipality, as provided in Subsection D above, may be issued a license if he supplies proof of his holding a valid license in another municipality, sufficient additional information to fill out the application for a license and payment of a fee in accordance with § 195-4 of this article.
F.
No license is transferable from one collector to another or from
one vehicle to another.
G.
Upon receipt of said application and fee, the Borough of Plymouth
shall either issue or refuse to issue a license to the applicant within
30 days of such application receipt.
A.
The fee for such license shall be $120 per year per collector, with
an additional charge of $10 per vehicle, prorated according to the
number of months in the license year.
B.
Once a license has been issued to an applicant, no refund shall be
made of any fee moneys paid therefor, regardless of whether the licensee
discontinues or fails to start collection activities or transfer his
collector's activities to another person.
A.
All vehicles used for the collection and transportation of municipal
waste must satisfactorily comply with the laws and regulations of
the Commonwealth of Pennsylvania and any other solid waste ordinance
of the Borough of Plymouth.
B.
All collectors shall place a copy of the license in each vehicle
operated in the Borough. Each vehicle shall bear the number of the
license plus a sequential number referring to the vehicle in a conspicuous
location on the exterior of the vehicle.
C.
All vehicles shall be inspected and reinspected annually as required
by the laws and regulations of the Commonwealth of Pennsylvania and
may also be inspected at reasonable intervals by the Borough of Plymouth
to ensure compliance with this article.
D.
No licensed collector shall dispose of any municipal waste collected
in Plymouth Borough, Luzerne County, Pennsylvania, except at the disposal
facility designated by an executed contract with Luzerne County. The
provisions of this subsection are not intended to abrogate any existing
contract(s) between collectors and facilities other than the facility
designated by such contract with Luzerne County; however, at the termination
of the current term of such existing contracts(s) with such other
facility, collectors licensed under this article shall be required
to dispose, as set forth above, at the facility designated by contract
with Luzerne County.
The penalty for violation of this article, or for operating
without a license in accordance with this article, shall be $500 plus
all court costs and revocation of the license. Each day that a violation
continues shall constitute a separate violation.
