[Adopted 2-27-1989 by Ord. No. 191]
All municipal waste accumulated or stored upon any property within the Township of Richland shall be collected and removed by a responsible person or collector who shall be licensed by the Township of Richland and shall be disposed in an area authorized by and approved by the Board of Supervisors in accordance with all state regulations.
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning appears clearly from the context:
ASHES
Residue from the burning of coal, coke or other combustible material.
DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
[1]
DWELLING
Place of residence within the Township of Richland of one or more persons where refuse is generated through normal living habits.
GARBAGE
All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
MUNICIPAL WASTE
Any 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 and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[2] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
OCCUPANT
Person generally in possession and control of any dwelling.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this article 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. Family members or two or more unrelated persons living in a residential family unit shall collectively be defined as a person.
[3]
REFUSE
All solid waste, except human body wastes, including garbage, ashes and rubbish.
RUBBISH
All nonputrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
[4]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.
A. 
No person shall collect, remove, haul or convey any municipal waste obtained from within the geographic limits of Richland Township through or upon any of the streets or alleys of the Township of Richland or dispose of the same in any manner or place without obtaining a license from Richland Township.
B. 
The fee for such license shall be as set from time to time by resolution of the Board of Supervisors, and all licenses shall be issued for the calendar year, or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year. Said fee may be changed by the Board of Supervisors by resolution.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Every person who shall apply for a license under this section shall state the type or types of municipal waste to be collected, the manner of collection and the place and method of disposal.
D. 
No license shall be granted if the place and method of disposal shall not conform to the requirements of this article.
E. 
No licensed collector shall make any change in the arrangements for disposal of municipal waste collected by him without first receiving the approval of the Board of Supervisors.
A. 
It shall be unlawful to permit an unlicensed collector to collect or remove municipal waste from any household or commercial or industrial generator of municipal waste.
B. 
It shall be unlawful to allow any municipal waste obtained within the geographic boundaries of Richland Township to accumulate on the ground or be deposited on highways, vacant lots or other property, or be thrown into any stream or other body of water.
The collector shall be required to collect and remove municipal waste in motor-driven vehicles having enclosed steel bodies with steel covers and watertight and nonleakable automatic packer-type bodies, and to so conduct the collection, removal and transportation of the municipal waste so as to assure general cleanliness and sanitation throughout the entire process and operation thereof. All vehicles shall prominently display a contractor's decal. Contractor's decals in excess of one shall cost the collector an amount as set from time to time be resolution of the Board of Supervisors.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Unless otherwise permitted by the Board of Supervisors, all municipal waste collected in Richland Township shall be disposed of at an approved municipal waste landfill located within the geographic boundaries of Richland Township.
Each collector applying for a license shall provide either evidence of ownership of an approved municipal waste landfill or evidence of a valid agreement covering the use of an approved municipal waste landfill as permitted in § 207-6 above. Such evidence shall accompany the application for the license.
The collector shall carry an insurance policy providing complete third-party comprehensive liability and property damage insurance, the limits of which shall be not less than $300,000 to $500,000 personal liability and $100,000 property damage, and shall furnish the proper certificates of insurance coverage to the Township of Richland.
Any violation of these specifications shall be sufficient cause for the immediate cancellation of the license.
All contracts between collectors and customers shall contain a statement informing customers that the performance of their disposal contract is conditioned upon obtaining and maintaining a license to operate in Richland Township.
By applying for and obtaining a license in Richland Township, the collector agrees to hold Richland Township harmless and indemnify Richland Township against any and all lawsuits, suits, actions, payments, costs, charges, demands, judgments or claims or demands of any character, name or description brought on account of any injuries or damages received or sustained by any person, persons or property by reason of any act, omission, negligence or misconduct of said collector, his agents or employees in the execution of the license conditions or for the failure by Richland Township to issue or reissue or to terminate said license.
The collector shall deliver to the Township Manager at the time of the application for a license, and at least 15 days prior to the expiration date of the license, a certified list of customers. This list shall become and remain at all times the property of Richland Township.
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).