Delaware County, PA Solid Waste

Any material, substance or waste, regardless of quantity, which by reason of its composition or characteristic is:

Toxic or hazardous waste as defined in or identified in either the Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq., as replaced or amended, and the regulations thereunder, or in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq., as replaced or amended, and the regulations thereunder; or

Special nuclear or by-products material within the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2201 et seq., as replaced or amended.

PROCESS, PROCESSIBLE, PROCESSED or PROCESSING

If any governmental agency or unit having appropriate jurisdiction shall determine that substances which are not presently considered harmful, toxic or dangerous are harmful, toxic or dangerous, then such substances shall be included as hazardous waste upon the effective date of such determination.

LICENSEE

A person applying for or issued a solid waste hauling license pursuant to the provisions of § 180-3 of this chapter.

MANDATED RECYCLABLES

Materials that are required to be separated from acceptable waste at the point of generation in accordance with the Plan or as required by County or municipality ordinance.

MUNICIPALITY

A township, borough or city located within the County of Delaware, Pennsylvania.

NEW FACILITY

Any facility which, after the effective date of this chapter, is permitted to or otherwise does operate within the County of Delaware.

PERSON

Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In connection with any provision of this chapter prescribing a fine, penalty, remedy, or suspension or revocation of any license, 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, if the officer or director actively participated in the act or omission resulting in the fine, penalty, remedy, or suspension or revocation of any license.

Incineration to dispose of acceptable waste and obtain energy and other materials that are economically recoverable from the facility operation.

RESIDENTIAL WASTE

Acceptable waste generated in the County of Delaware from single-family dwelling units, individually owned townhouses and condominiums, or a building or group of buildings under common ownership and comprising multiple-family dwelling units not exceeding four units per building or group of buildings, provided that all residents of such single-family dwelling units, townhouses, condominiums, building or group of buildings utilize individual refuse containers not requiring the use of container handling devices on collection vehicles. Acceptable waste generated from a building or group of buildings under common ownership and comprising more than four multiple-family dwelling units shall constitute "commercial waste." "Residential waste" shall also include such items of public municipal waste as street sweepings and the like.

RESOURCE RECOVERY FACILITY

The Westinghouse Corporation owned and operated solid waste resource recovery facility and all additions and replacements thereto and improvements thereof, including all buildings, roadways, equipment and other improvements located on the premises on which the facility is located.

SOLID WASTE

All materials, substances or wastes that are generally discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including garbage, refuse, industrial, institutional and commercial waste, rubbish, ashes, demolition and construction debris and offal; excluding sewage and other highly diluted water-carried materials or substances, and materials and substances in gaseous form.

SOLID WASTE HAULING LICENSE or LICENSE

A license issued pursuant to § 180-3 of this chapter governing the collection and transportation of acceptable waste.

SOLID WASTE HAULING STICKER or STICKER

An authorization issued pursuant to § 180-3 of this chapter for a particular vehicle or container used for the collection or transportation of acceptable waste.

UNACCEPTABLE WASTE

Mandated recyclables and that portion of solid waste, exclusive of hazardous waste, such as, but not limited to, explosives; infectious, pathological, chemotherapeutic and biological waste; radioactive materials; ashes; foundry sand; sludges; cesspool and other human waste; human and animal remains; offal from slaughterhouses and wholesale food processing establishments; motor vehicles, including such major motor vehicle parts as automobile transmissions and blocks, batteries, engines, rear ends, springs, and fenders, trailers, wire and cable; agricultural and farm machinery and equipment; marine vessels and major parts thereof, any other large type of machinery or equipment; substantial quantities of liquid wastes (excluding moisture in solid waste resulting from precipitation) or nonburnable construction materials and/or demolition debris, rock, gravel and other earthen materials.

WHITE GOODS

Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.

All other words and phrases not specifically defined herein shall have the same meanings as set forth in Act 97 or Act 101, as they may hereinafter be amended or supplemented by legislation or by regulation.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 180-2 (RESERVED) [1]

Editor's Note: Original Sec. 2, Mandated flow control of acceptable waste to County-designated facilities, was temporarily suspended 1-21-1997 by Ord. No. 97-1, was reenacted 2-26-2008 by Ord. No. 2008-1, which reenactment was then repealed 11-18-2008 by Ord. No. 2008-7 to reinstate the suspension of the effect, operation and enforcement of this section.

§ 180-3 Solid waste hauling licenses and stickers.

Solid waste hauling license. All persons collecting and transporting acceptable waste within the County shall obtain a solid waste hauling license from the office of the Solid Waste Management Department of the County of Delaware; and no generator of acceptable waste within the County shall contract with, employ, or otherwise allow any person to collect or transport such generator's acceptable waste unless that person is so licensed by the Solid Waste Management Department of the County of Delaware. Violations of this Subsection A shall constitute summary offenses under § 180-9J of this chapter; and each day of violation shall constitute a separate and distinct offense.

[Amended 11-26-1991 by Ord. No. 91-3]

Solid waste hauling stickers. Each vehicle or roll-off or lugger container used for the collection and transportation of acceptable waste generated within the County must be registered with the office of the Solid Waste Management Department and identified with two solid waste hauling stickers issued pursuant to § 180-3D of this chapter. It shall be a summary offense under § 180-9J of this chapter for any person to use any vehicle or roll-off or lugger container for the collection and transportation of acceptable waste generated within the County unless said solid waste hauling stickers are affixed to such vehicle or roll-off or lugger container; and it shall be a summary offense under § 180-9J of this chapter for any generator of acceptable waste within the County to contract with, employ or otherwise allow any person to collect or transport such generator's acceptable waste unless such acceptable waste is collected and transported in a vehicle or roll-off or lugger container to which such solid waste hauling stickers are affixed. Each day of violation by each separate vehicle or roll-off or lugger container shall constitute a separate and distinct offense.

[Amended 11-26-1991 by Ord. No. 91-3]

Solid waste hauling license application. Solid waste hauling license application forms may be obtained at the office of the Solid Waste Management Department of the County of Delaware on or after the first day of December of each calendar year. Only one license application form may be submitted for any person. A completed application and a certified check payable to the Treasurer, County of Delaware, in payment of the license application fee and sticker fees, as hereinafter set forth, must be filed in the office of the Solid Waste Management Department for processing on or before the first day of January of each calendar year. Data, including, but not limited to, the following shall be included in each solid waste hauling license application:

Vehicles and containers. The identification of each and every vehicle and/or container to be used by the licensee for the collection and transportation of acceptable waste.

Stickers. The number and type of stickers being applied for.

Vehicle registration. A photostat on an eight-and-one-half-inch by eleven-inch sheet of paper of the certificate of registration or owner's card for each vehicle.

Insurance. A certificate of insurance for each vehicle for which stickers are to be issued, attesting to the fact that there is in effect for each such vehicle a policy of insurance issued by a company authorized to issue insurance in the Commonwealth of Pennsylvania providing liability insurance coverage in an amount not less than $1,000,000 for bodily injury and property damage for a licensed hauler with six or more hauling stickers, and liability insurance coverage in an amount not less than $500,000 for bodily injury and property damage for a licensed hauler with five or fewer hauling stickers.

[Amended 5-14-1991 by Ord. No. 91-1]

Municipality collection rules, regulations, and ordinances. A copy of the rules and regulations and/or ordinances governing the collection or transportation of acceptable waste in each municipality in which the licensee proposes to operate.

(6)

Hauler certification. Each nonmunicipality applicant for Type M stickers shall provide written certification from each municipality served that the applicant is under current contract with either the municipality or residential occupants to provide refuse disposal service and must also supply written certification from said municipality as to the number and type of residences served, and the approximate number of occupants served. These certifications shall be kept current by the licensee.

(7)

Vehicle inspection sticker. Evidence that, for each authorized vehicle, the applicant is in possession of a current vehicle inspection sticker issued either by the Commonwealth of Pennsylvania or by the state in which the vehicle is registered.

(8)

Establishment of tare weight. In making application for stickers for any new or replacement vehicle or container, the licensee must make arrangements for a weighing of such units on the County truck scales for the purpose of establishing a tare weight. This shall be done prior to making application or putting the unit into service, and all vehicles and containers must be completely empty or they will not be weighed. The County weigh master shall issue a form (No. 302) to the driver, on which the correct tare weight of the vehicle or container will be written. It shall be the responsibility of the licensee to affix a copy of this form (No. 302) to his application and also to have the correct tare weight printed on both sides of the unit prior to sticker issuance.

(9)

Quantities of refuse. Each applicant shall state the quantities of refuse to be accepted and delivered to the County-designated facilities. Licensees shall not, on their applications, overestimate the quantities of refuse in any other than a de minimis fashion.

(10)

Additional data. Each applicant shall provide any additional data, information, certification, etc., including information as to commercial pickups, deemed necessary by the Solid Waste Management Department in order to verify the information contained in the application and to implement the provisions of this chapter.

Types of solid waste hauling stickers. No vehicle or container shall be eligible to receive more than one type of sticker. The following types of stickers shall be available:

Type M. This type of sticker shall be issued for vehicles owned by municipalities that collect residential waste, and for vehicles owned by private haulers who collect residential waste either under the terms of a contract with a specific municipality or under the terms of an agreement, either direct or indirect, with the owner or tenant of a dwelling unit generating residential waste. Trucks equipped with container handling attachments or which co-mingle residential waste and commercial waste will not be issued Type M stickers.

Type C. This type of sticker shall be issued for vehicles and for containers used in the collection of commercial waste whether such vehicles or containers are owned by a municipality, a private hauler, or the generator of such commercial waste. Licensees who co-mingle in the same vehicle or container both residential waste and commercial waste shall, if otherwise eligible, be issued only a Type C sticker for such vehicle or container.

Type S. This type of sticker shall be issued, at the option of the Director of the Solid Waste Management Department, for vehicles or containers used in the collection of commercial waste, where the vehicle or container will be used to collect commercial waste from a waste generator whom the Director of the Solid Waste Management Department identifies as being engaged in a specialized type of activity which generates commercial waste, but also generates unacceptable wastes or hazardous wastes. Such a sticker may be issued to the waste generator itself or to the licensee. The Director shall also have the authority to designate the type of vehicle or container for which such a sticker shall be issued, for the purpose of insuring that the vehicle or container is used only for the collection of acceptable waste from the waste generator or licensee to whom the sticker is issued.

Type R. This type of sticker shall be issued to roll-off and lugger containers.

License application and sticker fees.

Fees.

The application fee for a solid waste hauling license pursuant to this section shall be, for the present time, $150 per application.

The fee for solid waste hauling stickers pursuant to this section, for each vehicle or container to be used for the collection and/or transportation of acceptable waste, shall be, for the present time, $50 per sticker for Type M stickers; $50 per sticker for Type C stickers; $100 per sticker for Type S stickers; and $20 per sticker for Type R stickers.

The Director of the Solid Waste Management Department may from time to time amend the solid waste hauling license application fee, and the solid waste hauling sticker fees.

The intent of charging such fees is to cover the administrative costs of implementing this chapter, with particular reference to the determination that vehicles and containers used to deliver acceptable waste to the County-designated facilities comply with the provisions of this chapter; it is not the intent of such fees that any vested rights in a license or stickers be conferred upon the holder, or that any licensee have a vested right to deliver acceptable waste to the County-designated facilities.

License issuance. The Solid Waste Management Department shall issue a solid waste hauling license on the basis of a complete and accurate application meeting the requirements of this section and payment of the required application and sticker fees. The Solid Waste Management Department will issue two stickers for each vehicle or container applied for in the application. A solid waste hauling license and solid waste hauling stickers shall be valid from March 1 to February 28 of each calendar year.

§ 180-4 Solid waste hauling license rules and regulations.

The following rules and regulations govern the use of solid waste hauling licenses issued by the Solid Waste Management Department:

Vehicle design and construction. A solid waste hauling sticker will not be issued, and may not be used, for any vehicle or container which does not meet the following specifications:

Totally and permanently enclosed body of welded steel construction. Roll-off containers and dump trucks shall be completely covered with a tarpaulin and made as airtight as possible.

Provided with a means of loading only at the top, side, or rear, depending upon the design of the totally and permanently enclosed body.

[Amended 5-13-1997 by Ord. No. 97-2]

So constructed that no waste can be carried at any place upon said vehicle other than in the enclosed body.

So equipped that all loading or unloading openings on the bodies have adequate, tightly fitted doors or covers with latches or clamps to keep them closed and rubber or other suitable gaskets to render them leakproof, spillproof, dustproof, and odorproof.

Sticker display. Stickers shall be permanently affixed to both sides of the cab or body of each vehicle, in full view of the scale house operator. Any sticker which is excessively marred, defaced, or otherwise rendered unidentifiable shall be declared void, and a new sticker must be obtained from the Solid Waste Management Department.

Vehicle registration. Licensees must notify the Solid Waste Management Department, in writing, within 72 hours after receipt of a new license issued to a vehicle for which stickers have previously been granted, attaching thereto a copy of the new registration or owner's card. The stickers of a vehicle which is traded in on another vehicle or sold become void. New stickers are required when a different vehicle is acquired.

Certificates of insurance. Certificates of insurance must be kept current for each vehicle for which stickers have been issued; and, in the event a policy of insurance should lapse, be suspended or revoked, the stickers issued to the vehicle shall be suspended until such time as a current policy is obtained and a certificate so attesting is filed with the Solid Waste Management Department.

Municipality collection rules, regulations and ordinances. Each licensee shall have the responsibility of filing with the Solid Waste Management Department current regulations or ordinances relating to the municipalities served by the licensee, if they are changed or revised. In the event the licensee does not do so, his license shall be suspended until there is compliance with this subsection.

Vehicle inspection stickers. Vehicle inspection stickers must be kept current for each vehicle for which solid waste hauling stickers have been issued; in the event that any such vehicle inspection sticker should lapse, be suspended or revoked, the solid waste hauling stickers for that vehicle shall be suspended until a new vehicle inspection sticker is acquired and submitted to the Solid Waste Management Department.

Quantities of refuse. Only the quantities of refuse estimated in the license application will be accepted. Additional waste, significantly and frequently beyond the estimate, will be accepted only if approved by the Solid Waste Management Department and accompanied by a written statement from the hauler explaining why the quantities differ from those stated in the application. All acceptable waste quantities have been designated for disposal at specific plants and will be treated on a plant-by-plant and day-to-day basis.

Nontransferability. A licensee shall not transfer, assign, or in any way alter a license or sticker, except with the written approval of the Solid Waste Management Department.

Hauler identification. The collector's name and address as well as the tare weight of the vehicle shall be painted on both sides of the vehicle cab with letters not less than six inches high. The tare weights of all roll-off containers must similarly be clearly and permanently printed on both sides of the container.

Inspection of facilities and records. It shall be a condition of holding a license or stickers that each licensee or generator:

Open his facilities to inspection by the Director of the Solid Waste Management Department and his designees during reasonable hours but not necessarily on prior notice by the Director of the Solid Waste Management Department; and

Maintain an accurate logbook of incoming and outgoing vehicles/containers, including location of containers, routes of vehicles, and place of final disposal of waste, which shall be open to inspection by the Director of the Solid Waste Management Department and his designees.

Designation of specialized waste generators. The Director of the Solid Waste Management Department is hereby authorized to designate individual waste generators as being engaged in a specialized type of activity which generates commercial waste but also generates unacceptable wastes or hazardous wastes, which list shall be maintained for public inspection in the Solid Waste Management Department. The purpose of so designating such specialized waste generators is not to imply that any such waste generator in fact disposes of unacceptable wastes or hazardous wastes in an improper manner but only to recognize the possibility of such improper disposal; and, accordingly, there is no right to a hearing on or appeal of the Director's designation. If the vehicle or container is the property of the waste generator, then the vehicle or container shall bear the waste generator's name and address thereon, in accordance with § 180-4I of this chapter. If the vehicle or container is the property of a hauler and is leased to the waste generator, then the vehicle or container shall bear both the hauler's and the waste generator's names and addresses, in accordance with § 180-4I of this chapter. It shall be a violation of this chapter for any licensee to deliver to the County-designated facilities any acceptable waste from such a waste generator unless such acceptable waste is in a vehicle or container bearing Type S stickers; and it shall be a violation of this chapter for any licensee to deliver to the County-designated facilities, in a vehicle or container bearing Type S stickers, any acceptable waste other than that generated by the waste generator to whom the Type S stickers have been issued.

Co-mingling waste. No commercial waste or out-of-County solid waste shall be co-mingled with residential waste in any vehicle for which Type M stickers have been issued.

§ 180-5 Operating procedures.

Weigh-in. All vehicles approaching a County-designated facility shall stop at the scale to be weighed. Vehicles must come to a full stop prior to driving into the scales; quick stopping or starting on a scale is prohibited. All personnel must leave the vehicle during weighing, and all helpers shall remain outside the limits of the dumping floor. After weighing, the vehicle must not leave the scales until authorized by the scale operator; thereupon, the driver alone shall proceed as directed. At the discretion of the scale operator, vehicles may be required to return to the scales for verification of tare weight. The Solid Waste Management Department reserves the right, as a condition of retaining a valid license, to order a licensee to adjust the printed tare weight on the vehicle to reflect the accurate tare weight.

Dumping. After weighing, and at the direction of the scale operator, each vehicle shall proceed to a dumping location and unload as directed by the dumping floor operator. If no operator is on duty, the vehicle shall proceed to any open dumping location. In no case shall any vehicle dump directly onto the tipping floor unless specifically directed to do so by duly authorized plant personnel. Each vehicle shall discharge its contents as quickly as possible and leave by the opposite end of the tipping floor, or as directed by plant personnel. Any raised body must be lowered prior to moving. In addition, each vehicle shall be equipped with a backup warning alarm which will operate when the vehicle is in reverse gear.

Scavenging. No hand sorting or picking over of trash is permitted at any time.

Safety. Each vehicle and operator shall exercise safety in all operations at the County-designated facilities. The speed limit on County-designated facility roads is 15 miles per hour.

Hours of operation. The days and hours during which materials will be accepted for disposal at the County-designated facilities will be posted at each facility, and no acceptable waste may be disposed at the County-designated facilities at any other time.

Inspection of facilities. The issuance of a license to a licensee, and its continued validity, shall give to the County a right to inspect the licensee's facilities during reasonable hours for the purpose of insuring the licensee's compliance with this chapter. Refusal by the licensee to permit such inspection shall result in the suspension of the license and all stickers issued to the licensee until such time as the licensee has authorized such inspection.

Voluntary submission of loads for inspection.

No person shall be guilty of a violation of this chapter if, prior to dumping a load at a County-designated facility, he:

Informs a code enforcement officer or the plant superintendent that the load may contain hazardous waste or unacceptable waste;

Dumps the load at a place designated by the code enforcement officer or the plant superintendent;

Remains present, with his vehicle and/or container, while the load is inspected; and

(d)

Promptly removes any hazardous waste, or unacceptable waste, as directed by the code enforcement officer or plant superintendent.

The code enforcement officer or plant superintendent may, however, in his sole discretion, refuse to inspect such a load (for example, because he believes that the time taken in inspection will cause a backup or delay in dumping by other vehicles) and direct the licensee to dispose of the load at a PA Department of Environmental Protection permitted facility.

Refusal to dump. Except as provided in § 180-5G, no licensee or his driver, once having entered the County-designated facility, shall leave without having dumped the load in the place and in the manner specifically directed by duly authorized plant personnel and/or code enforcement officers of the Solid Waste Management Department. In the event that any alleged failure of the licensee's equipment prevents dumping, he shall move his vehicle to such location on the plant premises as he is directed by plant personnel and/or code enforcement officers and make prompt arrangement for equipment repair, at his own expense, so that the load may be dumped before the vehicle leaves the plant.

Removal of hazardous or unacceptable waste. The licensee shall, at the direction of plant personnel and/or code enforcement officers and at his own expense, remove any hazardous waste or unacceptable waste deposited by the licensee at any County-designated facility within two hours of being directed to do so.

§ 180-6 Control and discretion of County.

Reservation of rights. The County reserves the right, in its sole discretion, to limit either the days or hours of operation when it will receive acceptable waste at County-designated facilities. The County also reserves the right, in its sole discretion, to refuse to receive acceptable waste on a temporary basis. Should the County elect to refuse to accept any such acceptable waste, then the holder of any current license issued by the County shall be required to make his own arrangements, at his own expense, to dispose of any acceptable waste collected by him at facilities other than the County-designated facilities, and shall be relieved during such period of the imposition of violations.

Right to direct or redirect. The County, acting through its Solid Waste Management Department, reserves the right, in its sole discretion, to designate the particular County-designated facility at which a particular stickered vehicle may dump acceptable waste and also reserves the right to redirect any such vehicle to an alternate County-designated facility if for any reason the Solid Waste Management Department deems it to be in the best interests of the County to do so.

§ 180-7 Charges.

Residential waste. There shall be no charge at this time for the disposal of residential waste by a licensee as to those vehicles owned by such licensee for which Type M stickers have been issued pursuant to the provisions of this chapter.[1]

Editor's Note: Original Sec. 7b, Commercial Waste, which originally followed this subsection, was repealed 1-21-1997 by Ord. No. 97-1. Section 2b of Ord. No. 97-1 also stated "The Authority shall have the discretion to establish the tipping fees to be charged for the disposal of commercial waste, as well as the other terms under which commercial work will be accepted for disposal, at County-designated facilities."

Payments. All charges pursuant to this section are payable monthly to the Solid Waste Management Department. In the event that a licensee demonstrates a pattern of delinquency in completing payments, the Director of the Solid Waste Management Department, in his sole discretion, may suspend the licensee's solid waste hauling license and solid waste hauling stickers until all delinquencies have been satisfied, and may also require the licensee to make advance payment in the approximate value of one month's bill, or require payment in the form of cash or a certified check.

§ 180-8 Registration and reporting of existing and new facilities, transporters and generators.

Registration of existing and new facilities. On or before January 1, 1991, every existing facility, other than County-designated facilities, shall register with the office of the Solid Waste Management Department of the County of Delaware. All new facilities shall be required to register with the office of the Solid Waste Management Department of the County of Delaware within 60 days prior to beginning operation. Registration is required whether or not a Pennsylvania Department of Environmental Protection permit was, is or will be issued for the facility.

Registration requirements for existing and new facilities. Registration by existing facilities and by new facilities shall be on a form prepared by the Solid Waste Management Department of the County of Delaware and shall include the following information:

Name and address of the facility owner.

Name and address of the facility operator.

Name and address of the facility.

Identification of all PA DEP and/or U.S. EPA permits issued or applied for, and the effective date and any expiration date for each such permit.

Description of solid waste received, including the type and amount of solid waste processed or disposed.

(6)

Identification of all persons from whom solid waste is received, including for each such person the name, address and contact telephone number.

(7)

Identification of all persons to whom solid waste is sent for processing or disposal, including for each such person the name, address, contact telephone number and permit number.

(8)

Description of transportation, storage, processing or disposal operation.

(9)

Days and hours of operation.

(10)

Such other information as required by the County of Delaware or the Solid Waste Management Department of the County of Delaware.

Annual reporting by facilities. On or before January 30 of each calendar year, each facility operating in the County of Delaware, other than County-designated facilities, shall be required to report to the Solid Waste Management Department of the County of Delaware the following information pertaining to the facility which relates to the operation of the facility during the previous calendar year, or portion thereof:

Identification of all persons from whom solid waste is received.

The type and amount (in tons) of solid waste delivered by each person from whom solid waste is received.

The identification of all persons or facilities to whom solid waste is sent for processing or disposal, including for each such person or facility the name, address, contact telephone number and permit number, and the type and amount (in tons) of solid waste sent to each such person or facility.

Any change to the registration information on file in the Solid Waste Management Department of the County of Delaware.

Such other information as required by the County of Delaware or the Solid Waste Management Department of the County of Delaware.

Registration of solid waste transporters. On or before January 1, 1991, every transporter of solid waste that transports solid waste in or through the County of Delaware to facilities other than the County-designated facilities, shall register with the office of the Solid Waste Management Department of the County of Delaware. Any transporter of solid waste who, on the effective date of this chapter, does not transport solid waste in or through the County of Delaware to facilities other than the County-designated facilities shall register with the office of the Solid Waste Management Department of the County of Delaware within 30 days prior to transporting solid waste in or through the County of Delaware to facilities other than the County-designated facilities.

Registration requirements for solid waste transporters. Registration by transporters of solid waste that transport solid waste in or through the County of Delaware to facilities other than the County-designated facilities shall be on a form prepared by the Solid Waste Management Department of the County of Delaware and shall include the following information:

Name, address and contact telephone number of the transporter.

Identification of all state or federal licenses or permits issued to, or applied for by, the transporter, including the effective date and any expiration date for each such license or permit.

Identification of all persons from whom solid waste not sent to a County-designated facility is received, including for each such person the name, address, contact telephone number, and type of solid waste received.

Identification of all persons or facilities (other than the County-designated facilities) to whom solid waste is sent for processing or disposal, including for each such person or facility the name, address, contact telephone number, permit number and type of solid waste processed or disposed.

Such other information as required by the County of Delaware or the Solid Waste Management Department of the County of Delaware.

Annual reporting of solid waste transporters. On or before January 30 of each calendar year, each transporter of solid waste that transports solid waste to facilities other than the County-designated facilities shall be required to report to the Solid Waste Management Department of the County of Delaware the following information pertaining to the transporter which relates to operations during the previous calendar year, or portion thereof:

Identification of all persons from whom solid waste not sent to a County-designated facility is received.

The type and amount (in tons) of all solid waste received from each person from whom solid waste not sent to a County-designated facility is received.

Any change to the registration information on file in the Solid Waste Management Department of the County of Delaware.

Such other information as required by the County of Delaware or the Solid Waste Management Department of the County of Delaware.

Registration of generators of unacceptable waste and hazardous waste. On or before January 1, 1991, every commercial, institutional and industrial generator of unacceptable waste and/or hazardous waste located in the County of Delaware shall register with the office of the Solid Waste Management Department of the County of Delaware. Any commercial, institutional or industrial establishment that does not generate unacceptable waste or hazardous waste on the effective date of this chapter, but generates unacceptable waste or hazardous waste subsequent to the effective date of this chapter, shall register with the office of the Solid Waste Management Department of the County of Delaware within 30 days after the initiation of operations.

Registration requirements for generators of unacceptable waste and hazardous waste. Registration by commercial, institutional and industrial generators of unacceptable waste and/or hazardous waste located in the County of Delaware shall be on a form prepared by the Solid Waste Management Department of the County of Delaware and shall include the following information:

Name, address and contact telephone number of the commercial, institutional or industrial establishment.

Description of each type of unacceptable waste or hazardous waste generated.

Identification of all persons transporting, processing and disposing of the unacceptable waste or hazardous waste generated, including for each such transporter, processor or disposer the name, address, state or federal license or permit number and contact telephone numbers.

Such other information as required by the County of Delaware or the Solid Waste Management Department of the County of Delaware.

Annual reporting by generators of unacceptable waste and hazardous waste. On or before January 30 of each calender year, each commercial, institutional and industrial generator of unacceptable waste and/or hazardous waste located in the County of Delaware shall be required to report to the Solid Waste Management Department of the County of Delaware the following information pertaining to the commercial, institutional or industrial establishment which relates to operations during the previous calender year, or portion thereof:

The type and amount (in tons) of each unacceptable waste or hazardous waste stream generated by the commercial, institutional or industrial establishment.

The transporter or transporters of each unacceptable waste or hazardous waste stream generated, including the type and amount (in tons) of unacceptable waste or hazardous waste received by each such transporter.

The destination of each unacceptable waste or hazardous waste stream generated, including the type and amount (in tons) of unacceptable waste or hazardous waste sent to each such person or facility.

Any change to the registration information on file in the Solid Waste Management Department of the County of Delaware.

Such other information as required by the County of Delaware or the Solid Waste Management Department of the County of Delaware.

Registration and annual reporting fees. There shall be a fee for each registration and annual report filed pursuant to this section.

Fees shall be as set from time to time by resolution of County Council.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Fees shall be payable to the Treasurer, County of Delaware, at the time the registration form or annual report is filed with the office of the Solid Waste Management Department of the County of Delaware.

§ 180-9 Violations and penalties; suspensions; revocations.

The following suspensions, revocations and penalties shall be imposed for violations of this chapter.

Hazardous waste. Any licensee that delivers, or causes to be delivered, hazardous waste to a County-designated facility shall:

For a first offense, suffer a suspension of the licensee's solid waste hauling license for a period of 30 days, and said solid waste hauling license shall not be reinstated until the licensee has paid a civil penalty in an amount not to exceed $5,000. In the event the licensee persuades the hearing officer that the licensee acted in good faith and was unaware of the presence of hazardous waste in the licensee's load, and if the hazardous waste was de minimis in quantity, then the suspension on a first offense shall be five days and the civil penalty shall be in an amount not to exceed $5,000.

For a second offense, the penalty shall be a permanent revocation of the licensee's solid waste hauling license, which license may be reinstated, if ever, only in the sole discretion of the Director of the Solid Waste Management Department. If the licensee establishes the above-described mitigating factors, the penalty on a second offense shall be reduced to a suspension of the licensee's solid waste hauling license for a period of 30 days and a civil penalty in an amount not to exceed $10,000.

For a third offense, the penalty shall be a permanent revocation of the licensee's solid waste hauling license.

Unacceptable waste. Any licensee that delivers, or causes to be to delivered, unacceptable waste to a County-designated facility shall:

For a first offense, suffer a suspension of the licensee's solid waste hauling license for a period of 10 days, and said solid waste hauling license shall not be reinstated until the licensee has paid a civil penalty in an amount not to exceed $2,500. In the event the licensee persuades the hearing officer that the licensee acted in good faith and was unaware of the presence of unacceptable waste in the licensee's load, and if the unacceptable waste was de minimis in quantity, then the suspension on a first offense shall be two days and the civil penalty shall be in an amount not to exceed $2,500.

For a second offense, the penalty shall be a suspension of the licensee's solid waste hauling license for a period of 30 days, and said solid waste hauling license shall not be reinstated until the licensee has paid a civil penalty in an amount not to exceed $5,000. If the licensee establishes the above-described mitigating factors, the penalty on a second offense shall be reduced to a suspension of 10 days and a civil penalty in an amount not to exceed $5,000.

For a third or subsequent offense, the penalty shall be a permanent revocation of the licensees' solid waste hauling license, which license may be reinstated, if ever, only in the sole discretion of the Director of the Solid Waste Management Department and upon the payment of a civil penalty in an amount not to exceed $10,000.

(RESERVED)[1]

Editor's Note: Original Sec. 9c, Use of non-County-designated facilities, was temporarily suspended 1-21-1997 by Ord. No. 97-1, was reenacted 2-26-2008 by Ord. No. 2008-1, which reenactment was then repealed 11-18-2008 by Ord. No. 2008-7 to reinstate the suspension of the effect, operation and enforcement of this subsection.

Co-mingling of residential and commercial waste.

Any licensee that collects or transports, or causes to be collected or transported, any commercial waste or any out-of-County solid waste in a vehicle bearing Type M stickers shall:

For a second offense, the licensee shall suffer a suspension of the licensee's solid waste hauling license for a period of 20 days, and said solid waste hauling license shall not be reinstated until the licensee has paid a civil penalty in an amount not to exceed $5,000.

For a third offense and all subsequent offenses, the licensee shall suffer a suspension of the licensee's solid waste hauling license for a period of 30 days, and said solid waste hauling license shall not be reinstated until the licensee has paid a civil penalty in an amount not to exceed $10,000.

In determining whether an offense is a first, second, third or subsequent offense under this subsection, it shall not matter whether the prior offense was of the same nature so long as it was an offense as defined in this section. A licensee who has had no prior offenses of this chapter for a continuous period of three years shall be deemed to have had no prior offenses for purposes of this subsection.

Other ordinance violations:

Any licensee or other person violating any other provision of this chapter shall:

For a first offense, be subject to a civil penalty in an amount not to exceed $500.

For a second offense, be subject to a civil penalty in an amount not to exceed $1,000.

For a third offense and all subsequent offenses, be subject to a civil penalty in an amount not to exceed $2,000.