[HISTORY: Adopted by the Board of Supervisors of the Township of Independence as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and junk dealers — See Ch. 241.
Junked or abandoned vehicles — See Ch. 389.
[Adopted 2-27-1991 by Ord. No. 91-1]
This article shall be known and referred to as the "Municipal Waste Hauler Licensing Ordinance."
A. 
The following words and phrases as used in this article shall have the meaning 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 (P.L. 528, Act 1988-101, July 28, 1988).[2]
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, offices, restaurants, shopping centers and theaters.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection.
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
Any 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 material, but not including grass clippings.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any municipal waste collector or hauler possessing a current license issued by Independence Township pursuant to this article.
MUNICIPALITY
The Township of Independence.
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 any 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.
MUNICIPAL WASTE LANDFILL
Any facility that is designed, operated and maintained for the disposal of municipal waste and permitted by the Pennsylvania DEP for such purposes.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprises, municipal authority, municipality, state institution and 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, penalty or imprisonment, 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.
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 stations, composting facilities and resources 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 mechanical separation and treatment of municipal waste (other than 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 solid waste processing or disposal facility.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are 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.
[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 purposes of this article, the singular shall include the plural and the masculine shall include the feminine and neuter.
A. 
It shall be unlawful for any person to collect and/or transport municipal waste from any residential, public, commercial, industrial or institutional establishment within Independence Township without first securing a license to do so in accordance with the provisions of this article.
B. 
It shall be unlawful for any person to collect and/or transport municipal solid waste from any sources within Independence Township in a manner not in accordance with the provisions of this article and the minimum standards and requirements established in Chapter 285 of the DEP's Municipal Waste Management Regulations.
C. 
It shall be unlawful for any person to transport any municipal waste collected from within Independence Township to any processing and/or disposal facility other than those facilities which are properly permitted by the Pennsylvania DEP or other applicable regulatory agency.
D. 
It shall be unlawful for any person to scavenge any material from any municipal waste or source-separated recyclable materials that are stored or placed for subsequent collection within Independence Township without prior approval from the municipality.
A. 
All collectors or waste haulers operating within the Township must comply with the following minimum standards and regulations:
(1) 
All trucks or other vehicles used for collection and transportation of municipal waste must comply with the requirements of Act 97 and Act 101 and Department regulations adopted pursuant to Act 97 and Act 101, including the Title 25, Chapter 285, Subchapter B, Regulations for the Collection and Transportation of Municipal Waste.
(2) 
All collection vehicles conveying municipal waste 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 collection 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 collection vehicles conveying nonputrescible municipal waste shall be capable of being enclosed or covered to prevent litter and other nuisances.
(5) 
All collection vehicles conveying municipal waste shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of municipal waste 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 collection vehicles and equipment used by licensed collectors or haulers shall be subject to inspection by the Township or its authorized agents at any reasonable hour without prior notification.
A. 
No person shall collect, remove, haul or transport any municipal waste through or upon the streets of the Township without first obtaining a license in accordance with the provisions of this article.
B. 
All collectors and waste haulers shall be licensed by the Township of Independence and designated as a licensed waste hauler or a licensed collector.
C. 
The Township of Independence shall reserve the right to designate specific municipal waste processing and/or disposal facilities where all licensed collectors must transport and dispose all municipal waste collected within the Township of Independence.
D. 
Any person who desires to collect, haul or transport municipal waste within Independence Township shall submit a license application and any application fee to the municipality or its designated licensing representative. The municipality shall have a minimum period of 30 calendar days to review any application and take approval or denial action.
E. 
The license fee shall be set by the Board of Supervisors on an annual basis. All licenses are nontransferable and shall be issued for a period of one calendar year. There shall be no reduction or prorated fee for any license issued during the middle of any calendar year.
F. 
The license application form, which will be supplied by the municipality, shall set forth minimum information required to establish the applicant's qualifications for a license to collect and transport municipal waste, including, but not necessarily limited to:
(1) 
Name and mailing address of the applicant.
(2) 
Name and telephone number of contact person.
(3) 
List of all collection vehicles to be covered under the license, including identification information for each vehicle, such as vehicle license number and company identification number.
(4) 
Type of municipal waste collected and transported.
(5) 
Certificate(s) of insurance to present evidence that the applicant has valid liability, automobile and workmen's compensation insurance in the minimum amounts established and required by municipality.
G. 
Any collector or hauler with an existing licensee shall submit a new license application and license fee to the Township of Independence at least 60 days prior to the expiration date of existing license, if renewal of the license is desired. New license applicants must submit a license application and license fee at least 30 days before beginning collecting and transporting municipal waste in the municipality.
H. 
No new license or license renewal shall be approved and issued to any person who fails to satisfy the minimum standards and requirements of this article or is in violation of the provisions of this article.
A. 
All licensed collectors shall promptly report any significant changes in the collection vehicles or equipment covered under the license and insurance coverage changes to the municipality.
B. 
All licensed collectors shall maintain current, up-to-date records of the customers serviced within Independence Township. Such records and customer lists shall be subject to inspection and made available to municipality or its authorized agents upon request.
C. 
Each licensed collector shall prepare and submit a semiannual report to the Township. The report for the first half of the year (January through June) shall be submitted on or before July 31 and the report for the second half of each year (July through December) shall be submitted by January 31 of the following year. At a minimum, the following information shall be included in each report:
(1) 
Total weight of each type of municipal waste collected from all sources within municipality during each month of reporting period.
(2) 
Name of each processing/disposal facility used during the reporting period and total weight of each type of municipal waste delivered to each site during each month of the reporting period.
A. 
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. All fines and penalties collected for the violation of this article shall be paid to the Township Treasurer.
[Amended 7-7-1992 by Ord. No. 92-3; 9-15-2010 by Ord. No. 10-01]
B. 
This article shall be enforced by the Independence Township Supervisors, Code Enforcement Officer, or any police officer, including, but not limited to, the Pennsylvania State Police.
[Amended 7-7-1992 by Ord. No. 92-3; 9-15-2010 by Ord. No. 10-01]
C. 
The Township of Independence shall have the right at any time, and without refund of any license fee, to suspend or revoke the license of any licensed collector or hauler for any of the following causes:
(1) 
Falsification or misrepresentation of any statements in any license application.
(2) 
Lapse or cancellation of any required insurance coverages.
(3) 
Collection and/or transportation of any municipal waste in a careless or negligent manner or any other manner that is not in compliance with the requirements of this article.
(4) 
Transportation and disposal of any municipal waste collected within the municipality at any site that is not properly permitted by the Pennsylvania DEP or other applicable regulatory agency.
(5) 
Violation of any part of this article, any other applicable municipal ordinances or any applicable Pennsylvania laws or regulations.
The Township of Independence may petition the Court of Common Pleas of Washington County for an injunction, either mandatory or prohibitive, in order to enforce any of the provisions of this article.
[Adopted 3-4-1991 by Ord. No. 91-2]
This article shall be known and referred to as the "Municipal Solid Waste Ordinance."
A. 
The following words and phrases as used in this article shall have the meaning ascribed 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 101).[2]
BULKY WASTE
Large items of solid waste, including but not limited to appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to size, shape or weight.
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CONTAINER
A portable device in which waste is held temporarily for storage or transportation.
COUNTY
The County of Washington or the Washington County Board of County Commissioners.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection (DEP).
DISPOSAL
The deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
GARBAGE
Any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases, or vectors.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any municipal waste collector or hauler possessing a current, valid municipal license issued by the Township of Independence pursuant to Article I of this chapter.
MUNICIPALITY
The Township of Independence, Washington 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 waste supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.
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 any other legal entity having officers and directors.
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.
SALVAGING
The controlled removal or recycling of material from a solid waste processing or disposal facility.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year shall constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[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. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
A. 
It shall be unlawful for any person to accumulate or permit to accumulate on any public or private property within the municipality, any garbage, rubbish, bulky waste, or any other municipal or residual waste except in accordance with all applicable Department Rules and Regulations adopted pursuant to Act 97 and Act 101.
B. 
Except for the burning of paper, paper products, leaves, branches, brush and wood, it shall be unlawful for any person to burn any solid waste within the municipality except in accordance with all applicable department rules and regulations and as otherwise regulated by the Township.
C. 
It shall be unlawful for any person to process and/or dispose any solid waste in the municipality except in accordance with all applicable Department Rules and Regulations adopted pursuant to Act 97 and Act 101.
D. 
It shall be unlawful for any person to collect, haul, transport or remove any solid waste from public or private property within the municipality without a current, valid license to do so issued by the Township of Independence.
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the municipality without prior written approval from the municipality.
F. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Municipality except at an approved and permitted resource recovery facility under any applicable Department Rules and Regulations adopted pursuant to Act 97 and Act 101.
A. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B. 
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections, and shall place and store all waste materials therein.
C. 
Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter A, Regulations for the Storage of Municipal Waste.
A. 
All households, homeowners, commercial, industrial and institutional establishments within the municipality shall utilize the services of a licensed collector for disposal of their domestic waste or household waste.
B. 
All licensed collectors and waste haulers shall comply with the minimum standards for collection and transportation of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter B, Regulations for Collection and Transportation of Municipal Waste.
C. 
All municipal waste collected within the municipality shall only be conveyed or transported to a transfer station, processing facility, and/or disposal site permitted by the Department of Environmental Protection, and/or other regulatory agencies pursuant to the approved Municipal Waste Management Plan for Washington County.
No person shall collect, remove, haul, or transport any solid waste upon or through any streets or alleys of the municipality without first obtaining a license from the Township of Independence pursuant to the requirements of Article I of this chapter.
The municipality may petition the Court of Common Pleas, Washington County, for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
[Amended 7-7-1992 by Ord. No. 92-3; 9-15-2010 by Ord. No. 10-01]
A. 
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. All fines and penalties collected for the violation of this article shall be paid to the Township Treasurer.
B. 
This article shall be enforced by the Independence Township Supervisors, Code Enforcement Officer, or any police officer, including, but not limited to, the Pennsylvania State Police.
[Amended 5-16-2012; 5-21-2014]