[Adopted 4-16-1991 by Ord. No. 508]
All domestic, commercial and industrial solid waste generated, accumulated or stored upon any property within the Township of South Whitehall shall be collected and removed by a responsible person or collector. The responsible person or collector shall be licensed by the Township of South Whitehall.
A. 
As used in this article, the following terms shall have the meaning indicated, unless a different meaning appears clearly from the context:
ASHES
Residue from the burning of coal, coke, wood or other combustible material.
DISPOSAL
Storage, collection, disposal or handling of garbage.
DWELLING
Place of residence within the Township of South Whitehall of one or more persons where refuse is generated through normal living habits. It shall not include apartments or buildings devoted to multiple-family occupancy, which shall be considered to be multiple individual dwellings.
GARBAGE
All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
OCCUPANT
Person generally in possession and control of any dwelling.
PERSON
Any natural person, association, partnership, firm or corporation.
REFUSE
All solid waste, except human body wastes, including garbage, ashes and rubbish and recyclable materials.
RUBBISH
Shall mean glass, metal, paper, wood or nonputrescible solid waste.
SOLID WASTE
Any waste including, but limited to, municipal, residual or hazardous wastes, including solidified liquids, semisolids or contained gaseous materials.
TOWNSHIP
The Township of South Whitehall, a First Class Township located in Lehigh County, duly organized and existing under the laws of the Commonwealth of Pennsylvania.
B. 
In this article, as required or indicated by the context, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.
No person shall collect, remove, haul or convey any refuse through or upon any of the streets or alleys of the Township of South Whitehall, or dispose of the same in any manner or place within the Township of South Whitehall, without first obtaining a license therefor.
A. 
The fee for such license shall be an amount as established from time to time by resolution of the Township Board of Commissioners.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All licenses shall be issued for the calendar year, or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year.
C. 
Every person who shall apply for a license under this section shall state the type or types of refuse to be collected, the manner of collection and the place and method of disposal.
D. 
No license shall be granted unless the place and method of disposal appears to conform to the requirements of this article.
E. 
No licensed collector shall make any change in the arrangements for disposal of refuse collected by him without first notifying the Township of South Whitehall in writing.
F. 
It shall be unlawful to permit an unlicensed collector to collect or remove solid waste from any dwelling.
Each collector applying for a license shall provide, with the application for license, either evidence of ownership of an approved disposal area or evidence of a valid agreement, not subject to cancellation, covering use of approved disposal area.
The collector shall not assign his license in whole or in part without the written consent of the Township of South Whitehall. Such consent does not release the collector from any of his or its obligations and liabilities under the license. Any violation of this article shall be sufficient cause for the immediate cancellation of the license by the Township of South Whitehall.
Workmen's Compensation and Social Security Acts, as amended, are deemed a part of the license. The collector shall be obliged to provide Workmen's Compensation coverage and shall fulfill the terms of that insurance. Furthermore, the collector shall indemnify and save harmless the Township of South Whitehall and all its commissioners, officers, agents and employees, successors and assigns, jointly and severally, of and from all manner of losses, suits, actions, payments, costs, charges, damages, judgments or claims or demands of any character, name or description brought on account of any injuries or damages received or sustained by any person, persons or property by reason of any act, omission, negligence or misconduct of said collector, his agents or employees in the execution of the license conditions.
The collector granted the license shall not in any manner be construed as an agent, servant or employee of the Township of South Whitehall but shall, at all times, be considered and remain an independent contractor.
The collector shall also carry an insurance policy providing complete third party comprehensive liability and property damage insurance, covering not only the collector but also the Township of South Whitehall, the limits of which shall be not less than $300,000 per occurrence/$500,000 aggregate personal liability and $100,000 property damage, and shall furnish the proper certificates of insurance coverage to the Township of South Whitehall.
Faithful performance must be of the essence of the license unless prevented by unavoidable accident, act of God or public immunity, or any restrictions or embargoes imposed by the federal government or any agency thereof; and, it is understood and agreed that all solid waste shall be collected, removed and disposed of in a skillful and businesslike manner satisfactory to the Township of South Whitehall.
The collector shall deliver to the Township Manager, together with the license application, at least 15 days prior to the effective and renewal dates of the license, and at least 30 days prior to the termination date of the license, a certified list of the collector's customer in South Whitehall Township. The list shall become and remain at all times the property of South Whitehall Township.
Any person who shall violate a provision of this article or shall fail to comply with any of the requirements thereof or conditions of a license issued under this provisions of this article shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,000 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).