[Added 3-26-1991 by Ord. No. 1-1991[1]]
This article shall be known and may be cited
as the "Willistown Township Municipal Waste Collectors Ordinance."
The following terms shall have the following
meanings in this article:
The Chester County Act 101, Municipal Waste Management Plan,
adopted by the Chester County Board of Commissioners on September
25, 1990, in accordance with the requirements of Section 501 of the
Municipal Waste Act,[1] and approved by the Pennsylvania Department of Environmental
Resources on April 11, 1991, as may be amended from time to time.
[Added 9-14-1993 by Ord. No. 6-1993]
Leaves, garden residues, tree limbs and similar materials,
but not including grass clippings.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or gaseous
material, resulting from the operations of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residential or hazardous
waste in the Solid Waste Management Act, of July 7, 1980, P.L. 380,
No. 97, as amended, 35 P.S. § 6018.101 et seq., 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.
The Municipal Waste Planning, Recycling and Waste Reduction
Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq.
[Added 9-14-1993 by Ord. No. 6-1993]
Any person collecting or transporting municipal waste or
recyclable materials for owners or occupants of property in Willistown
Township and any business or institution within Willistown Township
which generates municipal waste or recyclable materials and uses its
own employees and equipment for the collection or transportation of
municipal waste or recyclable materials. All municipal waste collectors
shall be licensed pursuant to the provisions of this article.
Any individual, partnership, association, corporation, institution,
cooperative enterprise, trust, municipal authority, federal government
or agency, commonwealth institution or agency or any other legal entity
whatsoever which is recognized by law as a subject of rights and duties.
In any provision 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.
Those materials specified by Willistown Township for collection in accordance with Article III of this chapter, the Willistown Township Recycling Ordinance, and regulations thereunder.
Any person which owns, leases or occupies a property located
in Willistown Township used as a residence.
An ordinance adopted by the Chester County Board of Commissioners
pursuant to Chester County Act 101, Municipal Waste Management Plan,
which provides inter alia for regulation of the flow of any municipal
waste generated within the county.
[Added 9-14-1993 by Ord. No. 6-1993]
[1]
Editor's Note: See 53 P.S. § 4000.501.
It shall be unlawful for any municipal waste
collector to collect, remove and/or transport municipal waste or recyclable
materials within Willistown Township without first obtaining from
the Board of Supervisors of Willistown Township a license and maintaining
full compliance with all conditions of said license and all requirements
of this article and the Willistown Township Recycling Ordinance.[1]
All municipal waste collectors shall obtain
licenses to collect, remove and/or transport municipal waste and/or
recyclable materials within Willistown Township on application to
the Board of Supervisors. Said municipal waste collector may collect,
remove or transport municipal waste or recyclable materials within
the township for a period of one year from the date of issuance of
the license or until January 31 of the next calendar year from the
calendar year in which the license is issued, whichever is earlier,
only so long as the licensed municipal waste collector is in full
compliance with the terms and conditions of said license and the requirements
of this article and the Willistown Township Recycling Ordinance[1] and any regulations enacted pursuant thereto. Each licensee
must renew the license no later than January 31 of each calendar year.
Any municipal waste collector to whom a license is so issued shall
have the privilege of collecting, removing and transporting any municipal
waste or recyclable materials picked up within the boundaries of Willistown
Township, which license shall not be transferable.
A.
At the time of application, the municipal waste collector
shall provide the following information on a form prepared by the
township:
(1)
The name of the municipal waste collector, business
address and telephone number of the business office to receive calls
from persons in the township who receive collection service.
(2)
The name, address and telephone number of the officers
of the corporation or general partners of the partnership, if applicable.
(3)
The make, year, model and registration number of each
truck or vehicle which is used in Willistown Township to haul, carry,
transport or collect municipal waste or recyclable materials.
(4)
A certificate of the applicant's workmen's compensation
insurance, as required by law.
(5)
A certificate of insurance coverage covering complete
third-party public liability for both bodily injury and property damage,
owner's and collector's protective insurance and automobile insurance
with respect to personal injuries and property damage. Such insurance
shall be in amounts that shall be from time to time set forth by the
Board of Supervisors by regulations adopted hereunder. Each and every
policy of insurance herein mentioned which is required pursuant to
the terms of this article shall carry with it an endorsement to the
effect that the insurance carrier will convey to Willistown Township,
by certified mail, written notice of any modifications, alterations
or cancellation of any such policy or policies or the terms thereof.
The above-mentioned written notice shall be mailed to Willistown Township
at least 10 days prior to the effective date of any such modification,
alteration or cancellation.
(6)
The state-permitted disposal site where municipal
waste will be taken for disposal.
(7)
The processing and/or marketing facilities where the
recyclable materials will be taken.
(8)
Such other information as the township, in furtherance
of this article, shall deem appropriate and necessary.
C.
At the time of application, the municipal waste collector
shall file with the township an approved bend and a warrant of attorney
to confess judgment payable to Willistown Township in such amount
as shall be determined from time to time by the Board of Supervisors.
Bonds of all such applicants shall have as surety a surety company
authorized to do business in the Commonwealth of Pennsylvania. No
such bond shall be accepted until approved by the township. All such
bonds shall be conditioned upon the faithful observance of this article,
the Willistown Township Recycling Ordinance[3] and all of the laws of this commonwealth relating to the
collection, removal, transportation or disposal of municipal waste
or recyclable materials, including but not limited to the Solid Waste
Management Act, the Municipal Waste Planning, Recycling and Waste
Reduction Act and regulations adopted thereunder.[4] All bonds shall be retained by the township. Every such
bond shall be automatically and immediately forfeited to the township
upon revocation or suspension by the township of the municipal waste
collector's license.
As a condition to issuance and continued validity
of any license issued hereunder, the municipal waste collector shall
establish a program for the collection, transportation and recycling
of recyclable materials and leaf waste, which shall, at a minimum,
comply with the following:
A.
Provide for the collection, removal and recycling
of designated recyclable materials, which are separated from municipal
waste, from each residence, commercial, institutional and municipal
establishment and community activity served. The collection and removal
of recyclable materials from each residence, commercial, institutional
and municipal establishment shall occur at least once every other
week in accordance with regulations adopted hereunder and the Willistown
Township Recycling Ordinance and regulations adopted thereunder.[1]
B.
Provide each customer served with a reusable container
or containers for the storage and collection of recyclable materials.
Said containers shall be at least 12 gallons in size, shall be made
of durable plastic and shall be clearly marked as recycling containers.
C.
Provide as an option for residents a program for the
collection of leaf waste at a minimum of once in the spring and once
per month in the fall, in accordance with regulations adopted hereunder
and the Willistown Township Recycling Ordinance and regulations adopted
thereunder[2] and, when requested, provide customers with biodegradable
bags for the storage and collection of leaf waste. The township's
leaf waste composting facility shall be available to receive leaf
waste generated within the township and collected pursuant to this
article.
D.
Establish procedures for the separation, storage and
collection of recyclable materials and leaf waste and provide all
customers adequate written notification of the procedures.
E.
Issue warning notices of violations on forms provided
by the township to residents failing to comply with procedures for
the separation, storage and collection of recyclable materials and
leaf waste and provide a copy of any such warning to the township.
F.
Provide quarterly written documentation and certification
to the township on forms provided by the township of the total number
of tons of materials, the types of materials and the place of disposition
of materials recycled. Reports shall be filed 15 days following the
close of a calendar quarter.
It shall be unlawful and a violation of this
article and grounds for the immediate suspension or revocation of
a license or the denial of a renewal license for any municipal waste
collector to:
A.
Collect or transport recyclable materials or leaf waste which is commingled or mixed with municipal waste from any resident in violation of Article III of this chapter, the Willistown Township Recycling Ordinance, and regulations adopted thereunder.
B.
Commingle or mix any municipal waste with any designated
separated recyclable materials or leaf waste collected within the
township.
C.
Fail to provide for the lawful disposition of any
municipal waste, recyclable materials or leaf waste collected or transported
within the township in accordance with all applicable federal or state
laws and regulations and in accordance with the Chester County Act
101, Waste Management Plan and the Waste Flow Control Ordinance.
[Amended 9-14-1993 by Ord. No. 6-1993]
D.
Fail to recycle recyclable materials in accordance
with this article and other township ordinances and federal and state
laws and regulations.
E.
Load or operate any vehicle within the township or
transport municipal waste, recyclable materials or leaf waste within
the township in such a manner as to allow municipal waste, recyclable
materials or leaf waste to fall upon the public roads or upon land
abutting the public roads in the township.
F.
Otherwise create a public nuisance.
As a condition to the issuance and continued
validity of any license, the licensee shall comply with the following:
A.
Collection equipment and transportation vehicles. The collection equipment and transportation vehicles used for the collection of municipal waste shall be of the closed metal-body-type with an automatic compactor unit. Said vehicle shall have and display a valid Pennsylvania vehicle registration sticker and shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations and statutes of the Commonwealth of Pennsylvania. All such vehicles shall be specifically designed to prevent leakage of any liquids or fluids. Other-type vehicles may be used only for the collection of recyclable materials, leaf waste, white goods and Christmas trees, provided that such items are separately collected in accordance with other provisions of this article and regulations adopted hereunder and Article III of this chapter, the Willistown Township Recycling Ordinance, and regulations adopted thereunder. The municipal waste and recyclables so collected shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vermin or creation of other nuisances. The collection equipment and transportation vehicles shall be kept in a clean and sanitary condition.
B.
Exhibiting license. At all times while in the process
of collecting, removing or transporting municipal waste or recyclables,
each licensed municipal waste collector shall have and display in
a proper manner a valid registration sticker and have the license
or a copy thereof, issued by the Board of Supervisors, which shall
have been signed by the Codes Enforcement Officer or his/her designees,
within the vehicle being used for collection or transportation and
shall exhibit the same, on demand, to the Codes Enforcement Officer
or his/her designee or to any police officer of the township.
C.
Schedules and areas of operation. The licensee shall
advise the township of its current rates schedule, its intended areas
of operation in the township, by streets, the terms of service and
the scheduled days of collection in different areas of the township
and of any changes to the collection program.
[Amended 9-14-1993 by Ord. No. 6-1993]
The Board of Supervisors of Willistown Township shall have the right to refuse to issue a license to any municipal waste collector or to revoke or suspend a license previously issued or refuse to renew the same if said municipal waste collector or his or its agents, servants or employees fail to comply with any provision of this article or any regulation adopted hereunder; any provision of Article III of this chapter, the Willistown Township Recycling Ordinance, or any regulation promulgated thereunder; any provision of the Chester County Act 101, Municipal Waste Management Plan or the Waste Flow Control Ordinance; or any provision of the Pennsylvania Solid Waste Management Act,[1] the Municipal Waste Act or any regulations promulgated
thereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
The collection of municipal waste and recyclable
materials by municipal waste collectors shall be made in compliance
with the regulations to be adopted by the Board of Supervisors of
Willistown Township to carry out the intent and purpose of this article.
Such rules and regulations shall be approved by resolution of the
Board of Supervisors and, when so approved, shall have the same force
and effect as the provisions of this article.[1] Said rules and regulations may be amended, modified or
repealed by resolution of the Board of Supervisors.
[1]
Editor's Note: Said rules and regulations
are on file in the office of the Township Secretary.
A.
Unlawful activities; public nuisance. It shall be
unlawful and a public nuisance for any person to violate, cause or
assist in a violation of this article or violate, cause or assist
in the violation of any rule, regulation or resolution promulgated
by the Board of Supervisors pursuant to this article.
B.
Penalties. Any person who violates any provision of
this article or of the regulations adopted hereunder or any person
who engages in unlawful conduct as defined in this article shall,
upon conviction thereof in a summary proceeding before a District
Justice, be sentenced to pay a fine of not more than $1,000 and not
less than $50. Each continuing day of any violation of this article
or unlawful conduct as defined in this article shall constitute a
separate offense punishable by a like fine or penalty.
C.
Injunction. In addition to any other remedy provided
in this article, Willistown Township may institute a suit in equity
where unlawful conduct or a public nuisance exists as defined in this
article for an injunction to restrain a violation of this article
or any rules, regulations or resolution promulgated or issued by the
Board of Supervisors pursuant to this article.
D.
Concurrent remedies. The penalties and remedies prescribed
by this article shall be deemed concurrent. The existence or exercise
of any remedy shall not prevent the township from exercising any other
remedy provided by this article or otherwise provided at law or equity.
The terms and provisions of this article are
to be liberally construed so as to best achieve and effectuate the
goals and purposes hereof. This article shall be construed in pari
materia with the Solid Waste Management Act, Act of July 7, 1980,
P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.,
the Municipal Waste Planning Recycling and Waste Reduction Act, Act
of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq., and the rules and regulations adopted thereunder.
