This article shall be known and referred to as the "Waste Flow Control Ordinance of the Township of Falls."
A. 
The following words and phrases, as used in this article, shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning:
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act of 1988, P.L. 556, No. 101, July 28, 1988).[2]
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency who or which is engaged in the business of collection and/or transportation of municipal waste and/or residual waste, as well as source-separated recyclable materials, generated within or outside Falls Township.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, offices, restaurants, shopping centers and theaters.
COUNTY
The County of Bucks.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection.
DISPOSAL
The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in such 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 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 DEP rules and regulations (e.g., Chapters 75 and 271 of Title 25 of the Pennsylvania Code).
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
An 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.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any collector or hauler of municipal waste and/or residual waste or source-separated recyclables.
MUNICIPALITY
The Township of Falls, Bucks County, Pennsylvania.
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 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.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency or any other legal entity 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 which owns and/or operates vehicles engaged in the activities of collection and/or transportation which are subjects of this article.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of municipal or residual 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.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics 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 operation of energy.
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.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Material, including leaf waste, that is 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 within or from outside the municipality.
VEHICLE
Any vehicle owned and/or operated by a person as a collector or waste hauler engaged in the transportation of waste materials or source-separated recyclable materials for disposal within or through Falls Township, regardless of whether such waste or material is being generated inside or outside Falls Township.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B. 
For the purpose of this article, the singular shall include the plural, and the masculine shall include the feminine and neuter.
The Township of Falls shall designate by separate resolution one or more specific processing and/or disposal facilities where all vehicles must transport and dispose all municipal waste collected within the Township of Falls. Processing and/or disposal facilities designated by the municipality must be on the list of county-designated facilities in the Bucks County Municipal Waste Management Plan.
It shall be unlawful for:
A. 
Any vehicle to collect and/or transport municipal and/or residual waste or source-separated recyclable materials from any sources within or outside the Township of Falls in a manner not in accordance with the provisions of this article, any applicable municipal ordinance, the Bucks County Municipal Waste Management Plan, Act 101, the minimum standards and requirements established in Chapter 285 of the DEP's Municipal Waste Management Regulations (Chapter 285 of Title 25 of the Pennsylvania Code) and/or any other federal, state or local regulations.
B. 
Any collector or waste hauler to transport any municipal waste collected from within the Township of Falls to any processing and/or disposal facility other than those facilities designated by Falls Township in the Bucks County Municipal Waste Management Plan.
C. 
Any person to scavenge any material from any municipal waste or source-separated recyclable materials that are stored or placed for subsequent collection within Falls Township without prior approval from the municipality.
D. 
Any vehicle to transport any municipal waste into and/or through Falls Township other than directly to a disposal site on designated routes. It shall be unlawful to transfer from one vehicle to another or unload municipal waste which is en route to a disposal site.
A. 
All collectors or waste haulers operating within or through the Township of Falls must comply with the following minimum standards and regulations:
(1) 
All vehicles used for collection and/or transportation of municipal waste and/or source-separated recyclable materials must comply with the requirements of Act 97 and Act 101 and Department regulations adopted pursuant to Act 97 and Act 101, including the regulations of Chapter 285, Subchapter B, of Title 25 of the Pennsylvania Code for the collection and transportation of municipal waste.
(2) 
All 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.
(3) 
All 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.
(4) 
All 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.
(5) 
All vehicles conveying municipal and/or residual waste (excepting those with source-separated recyclable materials) shall bear signs identifying the name and business address of the person or municipality who or 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.
B. 
All vehicles and equipment used by collectors or waste haulers shall be subject to inspection by the Township of Falls or its authorized agent at any reasonable hour without prior notification.
[Amended 3-20-2012 by Ord. No. 2012-01]
A. 
It shall be a violation of this article for collectors of waste or source-separated recyclable materials to proceed down such Township streets other than those necessary to collect from individuals and/or businesses located in Falls Township. Once a collecting vehicle has completed all its routes in the Township, it shall proceed in the most direct manner possible on the designated streets described in Subsection C below to a disposal site, and failure to do so shall be deemed a violation of this article.
B. 
Vehicles transporting waste or recyclable materials generated outside the municipality into or through Falls Township shall do so only on the routes designated in § 133-6C, Transportation by a vehicle on any other street, road or highway shall be a violation subject to the penalties of § 133-7 of this article.
C. 
The designated streets for transportation to and from the disposal sites are: Route 1 (Super Highway) to U.S. Route 13 (Old Route 13, known as "Bristol Pike," is not a designated street), U.S. Route 13 to Tyburn Road and Tyburn Road eastbound to New Ford Mill Road, then to New Ford Mill Road and Bordentown Road as necessary; from Tyburn Road eastbound to South Pennsylvania Avenue (southbound) to the main gate of USX; or from Tyburn Road eastbound to New Bold Road northbound to Canal Road. The designated streets for transportation from the disposal sites are: Bordentown Road, New Ford Mill Road to Tyburn Road; South Pennsylvania Avenue to Tyburn Road westbound; Tyburn Road westbound to Route 13 only, then Route 13 to U.S. Route 1; and Tyburn Road westbound to New Bold Road northbound to Canal Road; and Canal Road to New Bold Road southbound to Tyburn Road westbound. Tyburn Road between Woolston Drive and Route 13 is not a designated street. All other state and Township roads are restricted for transportation except for collection within Falls Township in accordance with § 133-6A.
Any person, firm or corporation who violates or permits a violation of this article shall be guilty of a summary violation and, upon conviction, shall be sentenced to pay a fine of not more than $1,000, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. Each day a violation exists shall constitute a separate offense. In default of the payment of any fine, the defendant shall be sentenced to imprisonment to the extent allowed by law for the punishment of summary offenses. Further, the Code Enforcement Officer or any other officer or agent of the Township is hereby authorized to file a citation for such summary violation.
The Township of Falls 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.