A.
It shall be unlawful for any person, other than such
persons as are duly authorized by the Township, to collect and to
transport municipal wastes of any nature or recyclables within or
from the Township. Authorization shall be given only as set forth
below. Authorization to collect, transport, and dispose of municipal
waste or recyclables for persons other than one's self or for whom
one is acting as an agent (as defined in this chapter) may be given
only by the Township through the issuance of a "collector's registration."
A person who collects recyclables only shall also be required to register
with the Township. A person who collects municipal waste exclusively
or in addition to recyclables shall be required to register with the
Township.
B.
All registered collectors shall have an affirmative
duty to follow and conduct themselves in accordance with their current
county and commonwealth license or permit, and to service each of
their customers in accordance with the requirements of this chapter,
any failure of which shall be a violation of this chapter.
C.
Collector's registration.
(1)
Collector's registration may be issued only to those
persons who can comply with the provisions and intent of this chapter.
(2)
Collectors desiring to register must furnish the following
information on a form to be prescribed and provided therefor by the
Township:
(a)
The name, address, and telephone number of the
collector.
(b)
The vehicle registration number, state of registration,
and the make, model and size of each vehicle to be used for collection
and hauling.
(c)
A list of all of the registrant's current customers
in the Township, upon demand made for the same by the Township.
(d)
Any and all additional information, which the
Township may request and deem necessary prior to the issuance of a
registration.
(3)
The Township may deny registration to a collector
for any of the following reasons:
(a)
If the applicant's county- or state-issued license
has previously been revoked or suspended.
(b)
If the applicant has violated or is violating
any ordinance of the Township, the Solid Waste Management Act,[1] the Municipal Waste Planning, Recycling and Waste Reduction
Act,[2] or any regulations of the Department of Environmental
Protection relating to the environment and to solid waste, or has
been convicted of any such violation.
(c)
If the applicant has any uncollected judgments
filed against him resulting from lawsuits filed against him by any
customer.
(d)
Where, in the Township or elsewhere, the applicant
has failed to fulfill his duties as a municipal waste and/or recyclables
collector in general, or in particular has failed to pick up municipal
waste in a workmanlike manner or on a regularly scheduled basis.
(4)
Collector's registration shall be renewed on a calendar-year
basis, but may be revoked at any time by the Township in accordance
with the following:
(a)
Failure of the registrant to furnish and provide
collection and delivery of municipal waste, recyclables and leaf waste
in accordance with the terms of this chapter and the conditions under
which the registration is made.
(b)
Administrative proceedings.
[1]
In case of violation or failure to comply with
the provisions of this section, the Township shall give the registrant
an opportunity for a hearing thereon. Any registered collector so
entitled to a hearing shall have 10 days after notice of his right
to a hearing is given to him pursuant to this section within which
to request such a hearing in writing. Failure to so request a hearing
shall be deemed to constitute an admission of the violation with which
he is charged and which forms the basis of the revocation of his registration.
In case the registrant does request a hearing in accordance with this
section, a hearing shall be scheduled before the Township and the
registrant given 10 days' written notice of the time and place of
the hearing at which he may appear and answer the charge.
[2]
Upon determination that a violation did occur,
the Township may issue a warning or may revoke the collector's registration.
(c)
The registration of a collector under this section
does not grant a vested right to any collector to a continued right
to haul or collect municipal waste and recyclables in the Township,
and the Township reserves the right to contract for municipal waste
recycling and leaf waste collection services or to initiate the public
collection of municipal waste and/or recyclables.
(5)
Conditions relating to collector's registration.
(a)
The registered collector shall be responsible
for the manner in which his employees perform work pertaining to collection
and hauling of municipal waste and recyclables under the terms of
this chapter.
(c)
The registered collector shall pay all costs
charged for the use of any disposal facilities which he utilizes.
(d)
The registered collector shall empty bulk containers
(such as dumpsters), which have been provided by them to their customers,
when such bulk containers become full.
Every collector, as a precondition to being
registered to do business within the Township, shall be required to
provide to its residential customers the service of removing recyclables
and leaf waste from their properties at the curbside. Any such recyclables
so removed by registered collectors shall be kept separate from municipal
waste, and shall be taken to a recycling center for the purpose of
recycling. Likewise leaf waste shall be taken to a compost facility.
Registered collectors shall take all of their customers' recyclable
materials to a recycling center for the purpose of recycling.
Every collector, as a precondition to being
registered to do business within the Township, shall be required to
provide to its commercial, municipal, institutional and multifamily
housing property customers the service of removing recyclables from
their properties. Any such recyclables so removed by registered collectors
shall be kept separate from municipal waste and shall be taken to
a recycling center for the purpose of recycling; likewise, leaf waste
shall be taken to a compost facility. Registered collectors shall
take all of their customers' recyclable materials to a recycling center
for the purpose of recycling.
No registered collector shall accept, pick up,
or remove any bag or other container of municipal waste which the
collector knows, or has reason to believe, contains recyclables required
to be separated, combined with municipal waste. Upon discovery of
such recyclables combined with municipal waste placed at curbside
or otherwise placed for pickup, the collector shall affix a tag or
sticker to the container containing the recyclables, retain a duplicate
for his records, and deliver a triplicate to the designated office
of the Township within 48 hours. When the collector utilizes a tag
or sticker pursuant to this section, he shall fill in the information
requested thereon, including the address at which the container is
located and the reason which led him to know or believe the container
contained recyclables (e.g., he saw newspaper or he heard bottles
rattling). The collector shall leave such container with the tag or
sticker placed thereon where he found it.
No person shall terminate the services of a registered collector because of such collector's compliance with the requirements set forth in § 90-22 above.
All registered collectors doing business within
the Township shall make available to their customers the service of
removal of bulky items not less frequently than once per year.
All complaints regarding collection of recyclables
or solid waste shall initially be reported to the registered collector.
Any reasonable complaint shall be given prompt and courteous attention.
In the case of missed collection, the registered collector shall collect
from the missed collection site not later than 24 hours after the
complaint is received. Any complaint that the registered collector
fails to resolve shall be reported in writing to the Township.
A.
Nothing contained herein shall impair or prohibit
any recognized civic, fraternal, charitable or benevolent organization,
association or society from undertaking or sponsoring voluntary programs
or projects involving the collection of recyclables from the public.
Any such collection activity can only occur prior to the recyclable
material being placed at curbside or similar location for collection
by an authorized collector. Prior to initiating such activity the
organization shall obtain authorization from the Township.
B.
Nothing herein shall be deemed to prohibit any person
from donating or selling any recyclables to individuals or organizations
unless or until such recyclables are placed at curbside or similar
location for collection by a registered collector.
