[Adopted 1-16-1991 by Ord. No. 1-1991]
This article shall be known as the "Solid Waste Collectors' Licensing
Ordinance."
As used in this article, the following terms shall have the meanings
indicated:
Any person collecting or transporting municipal solid waste for monetary
or business purposes, including the municipality itself if it undertakes the
collection of municipal solid waste directly, and any business or institution
within the municipality 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[1] 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.
Includes any natural person, association, partnership, firm or corporation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
General requirements.
(1)
No person shall act as a municipal solid waste collector
in this municipality without first obtaining a license from the Borough of
Harveys Lake pursuant to this article.
(2)
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.
(3)
Application for a collector's license shall be made on a form prescribed by the municipality and made to the agency designated by the Borough of Harveys Lake. Each application must be accompanied by proof of adequate insurance coverage and by a fee in accordance with Subsection B of this section. Proof of said insurance coverage must be submitted to the county's designated facility prior to the delivery of waste.
(4)
Any collector who possesses a valid license issued by
another municipality in the county shall be entitled to a license conditioned
only upon continuing compliance with this article and any other solid waste
ordinance of this municipality.
(5)
A licensee of another municipality, as provided in Subsection A(4) 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 Subsection B of this section.
(6)
No license is transferable from one collector to another
or one vehicle to another.
(7)
Upon receipt of said application and fee, the agency
designated by the Borough of Harveys Lake shall either issue or refuse to
issue a license to the applicant within 30 days.
B.
Licensing fees.[1] The fee for such license shall be $_____ per year per collector,
with an additional charge of $_____ per vehicle, prorated according to the
number of months in the license year.
[1]
Editor's Note: The fee amounts in this subsection were intentionally
left blank as they are subject to change from year to year. The current fee
amounts are on file in the Borough offices.
C.
Management and collection requirements.
(1)
All vehicles used for the collection and transportation
of municipal waste must satisfactorily comply with the regulations of the
Commonwealth of Pennsylvania and any other solid waste ordinance of Harveys
Lake Borough.
(2)
All collectors shall place a copy of the license in each
vehicle operated in the municipality. 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.
(3)
All vehicles shall be inspected and reinspected annually
by an agent designated by the municipality.
(4)
No licensed collector shall dispose of any municipal
waste collected in Harveys Lake Borough, Luzerne County, Pennsylvania, except
at the disposal facility designated by an executed contract with Luzerne County.
(5)
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.
It is the responsibility of the Borough of Harveys Lake to ensure that
all terms and conditions of this article, the Luzerne County Municipal Waste
Management Plan and the Luzerne County designated disposal facility contract
are complied with by the collectors.
