[Adopted 11-2-1989 by Ord. No. 419]
For the purpose of this article, the following
terms shall be defined as stated below:
The Board of Health of the City of Pottsville.
A vehicle which is used in the business of hauling garbage,
trash, refuse or any other waste matter generated by residential,
commercial, industrial use or institutional properties for a fee and/or
for persons other than the owner, operator or lessee of such vehicle.
Any person, partnership, association or corporation or institution
engaged in the business of collecting or hauling garbage, trash, refuse
or other waste matter within the City for persons or entities other
than themselves.
The written warrant or license granted by the Board which
authorizes the stated hauler to collect or haul garbage, trash, refuse
or other waste matter from any establishment in the City of Pottsville.
A vehicle used solely for the purpose of collecting or hauling
garbage, trash, refuse or other waste matter from a property owned
by the owner/operator or lessee of the vehicle or which is ancillary
to another business (i.e., construction) other than professional hauling.
Any debris, trash, garbage, refuse or other waste material.
Any hauler engaged in or desiring to engage
in the business of collecting or hauling trash within the City shall
complete and file an application with the Board to procure a permit
and shall present any and all vehicles to be used in such business
to the Board for inspection.
A.
Any hauler applying for a permit must present the
following to the City:
(1)
A valid business privilege license or other evidence
satisfactory to the Board of the City.
(2)
A certificate of insurance establishing that the hauler
is currently covered by a reputable insurance company licensed to
do business in the Commonwealth of Pennsylvania, insuring said hauler
for property damages in the amount of not less than $50,000 for any
one claim and not less than $100,000 for multiple claims arising from
the same undertaking, as well as public liability insurance in the
amount of $100,000 for any one claim and not less than $300,000 for
more than one claim arising from the same undertaking. Said certificate
shall be for continuous coverage unless canceled by said insurance
company, at which time the Board shall be notified, in writing, by
said insurance company and/or hauler.
(3)
Proof of a valid Pennsylvania vehicle registration,
proof of proper insurance coverage for the vehicle and a current Commonwealth
of Pennsylvania inspection sticker.
(4)
Proof that said hauler is using a disposal site that
has a valid Pennsylvania Department of Environmental Resources permit
to accept the trash being hauled by the hauler, said validity of permit
to be determined by the Board. This proof shall consist of a written
commitment from a disposal site allowing said hauler to dump at that
specific site on a regular basis and/or a series of no less than one
receipt for each month of the previous year from a disposal site documenting
a consistent dumping relationship with a permitted disposal site.
(5)
All other information as requested on the permit application,
to the extent that it is available and in a form satisfactory to the
Board.
B.
Said hauler shall have no prior conviction or evidence
of abuse of this article or the previous collection ordinance. If
there is pending legal action on a violation of any repealed ordinance,
the Board will revoke the hauler's permit upon conviction of said
violation.
Each vehicle used for the purpose of collecting
or hauling trash shall be inspected by the Board to ascertain its
suitability for such use and shall be constructed so that:
A.
It shall not exceed an overall height of thirteen
and one-half (13 1/2) feet.
B.
It shall be of a reasonably safe type, without attachments,
appendages or other conditions which could constitute a safety hazard
in the opinion of the Board. Those conditions shall be deemed to be
unsafe if they could cause injury or damage to any person, object
or property, due to its projection from normal dimensions of the vehicle.
C.
If it is an open truck, the body there shall not have
an interior height dimension of more than six feet; truck beds shall
be constructed so that the contents cannot fall from them or be subject
to spilling.
D.
It shall be constructed and maintained to prevent
littering, ingress and egress of vectors, odors and other nuisances.
E.
It shall be equipped with a fire extinguisher with
current inspection, as approved by the Board.
F.
It shall be identified on both lateral sides thereof
in plain and conspicuous letters and numbers not less than six inches
high with the name of the owner, his/their address and telephone number
and the type of waste being hauled as outlined in the Department of
Environmental Resources Interim Guidance document on Section 1101(e)
of Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
No person or company shall engage in the business
of collecting or hauling trash unless he shall have first obtained
a permit for each vehicle to be used in such business from the Board.
No fees shall be required for vehicles owned, leased or operated by
a body politic for the purpose of hauling or disposing of trash.
Upon inspection and approval by the Board, a
permit shall be issued for the operation of any such vehicles. Such
permits shall be effective from June 1 of the current year to May
31 of the following year. The permit shall at all times be in the
possession of the operator of the vehicle, and permit decals shall
at all times be conspicuously displayed upon both sides of the vehicle
on each cab door or on the nearest body panel immediately behind the
cab, at a location to be approved by the Board inspector. Such permit
and permit decals shall be issued and transferable according to rules
and regulations subject to the approval of the Board and shall remain
the property of the Board. Permit fees shall be as follows:
A.
For each vehicle used in the business of collecting
or hauling trash by any person, partnership, or corporation: $100.
B.
For the transfer of any permit from one licensed hauler
to another licensed hauler (and all transfers must be approved, in
writing, by the Board): $10.
C.
For the transfer of this permit from one vehicle to
another vehicle owned by the same person, partnership or corporation,
subject to written approval by the Board: $10.
D.
For the licensing of each vehicle for a period commencing
after December 1 of the current license year: $50.
Collection vehicles used in the transportation
of trash shall at all times be kept clean and in a sanitary condition
according to standards and specifications of the Board.
Any vehicle used for the purpose of collecting
trash which does not have a permanently enclosed body, when loaded
or partially loaded, shall be covered with a protective covering,
such as a tarpaulin, which shall be affixed in such a way that the
contents of the vehicle cannot be removed or dispelled from it by
persons, wind or other causes while the vehicle is in motion or when
it is parked for more than 15 minutes; except, however, that such
protective covering need not be so attached when the operator is actively
engaged in the process of loading or unloading the vehicle. All operators
of an open truck shall have in their possession, at all times, a tarpaulin
and adequate ropes or other devices to attach the tarpaulin as required
above, regardless of the type of waste they are hauling. While loading
or unloading, the hauler shall remain responsible for the cleanup
and collection of any trash that may have blown, fallen or leaked
from the vehicle engaged in collection.
A.
Vehicles used for collecting trash shall, at all times,
be subject to the following restrictions:
(1)
If loaded or partially loaded and covered:
(a)
No parking or standing on City streets, highways
or alleys in excess of one hour between the hours of 6:00 p.m. and
6:00 a.m.
(b)
No parking on highways, streets or alleys in
excess of four hours between 6:00 a.m. and 6:00 p.m.
(c)
No off-street parking or on-street parking at
any time within 500 feet of an occupied residential structure.
(d)
No off-street parking or on-street parking at
any time in excess of 24 hours in an area more distant than 500 feet
from a residential structure.
B.
Permitted parking. Nothing contained in this article
shall be construed to prohibit parking of collection vehicles used
for the purpose of collecting or hauling trash on highways, streets
or alleys if such vehicles are empty, clean and at rest more than
100 feet from any occupied dwelling.
The hauler must at any time, when requested
by the Board, present proof of using a disposal site that has a valid
Pennsylvania Department of Environmental Resources permit to accept
the trash being hauled by the hauler. This proof may consist of a
written commitment from a disposal site allowing that hauler to dump
at that specific site on a regular basis and/or a receipt from a disposal
site documenting a dumping transaction no more than 30 days prior.
[Amended 12-24-1994 by Ord. No.
526]
Any person, partnership, firm or corporation
that at any time violates the provisions of this article shall, upon
conviction, be fined not more than $600 for each offense, plus costs,
or, in default thereof, shall be imprisoned for not more than 90 days,
and shall be subject to revocation of their permit and removal of
the permit decal from their vehicle upon a second conviction for violating
this or the previous ordinance entitled "Rubbish Collection."
