[Adopted 8-21-2007 by Ord. No. 385[1]]
[1]
Editor's Note: This ordinance and portions of Ord. Nos. 386
and 387 superseded former Art. II, Collection of Solid Waste, adopted
10-4-1988 by Ord. No. 260, as amended, and Ord. Nos. 385 and 387 further
specifically repealed Ord. Nos. 287 and 289 and former §§ 149-19,
149-20, 149-21, 149-22, 149-23, 149-24, 149-25, 149-26, 149-27 and
149-29B.
This article shall be known and referred to as the "Municipal
Waste Collection and Transportation Ordinance of Upper Southampton
Township."
A.
ACT 90
ACT 97
ACT 101
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
COUNTY
DISPOSAL
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPALITY
MUNICIPAL WASTE
PADEP
PERSON
PROCESSING
RECYCLING
SCAVENGING
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSPORTATION
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:
The Pennsylvania Waste Transportation Safety Act of 2002
(P.L. 596, No. 90, June 29, 2002).[1]
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[2]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[3]
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste and/or source-separated recyclable materials.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
The County of Bucks, Pennsylvania.
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 or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this commonwealth. Disposal facilities include, but are not limited to, municipal waste landfills and construction/demolition waste landfills as defined by Act 101, Act 97, and/or PADEP rules and regulations (25 Pa. Code Chapters 75 and 271).
Any establishment engaged in manufacturing or production
activities, including, but not limited to, factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
Any establishment or facility engaged in services, including,
but not limited to, hospitals, nursing homes, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
A person who has written authorization from the PADEP under
Act 90 to collect, haul, transport and dispose of municipal waste.
Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
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 water
supply treatment plant, wastewater treatment plant, or air pollution
control facility. The term does not include any source-separated recyclable
materials.
The Pennsylvania Department of Environmental Protection.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or 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, imprisonment, or penalty
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.
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 facilities, recycling facilities,
composting facilities, and resource recovery facilities.
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
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the generation of energy.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
Materials, including leaf waste, that are separated from
municipal waste at the point of origin or generation for the purpose
of recycling.
The off-site removal of any municipal waste at any time after
generation.
B.
For the purpose 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 Upper Southampton Township without first securing
written authorization from the PADEP in accordance with the provisions
of Act 90.
B.
It shall be unlawful for any person to store, collect and/or transport
municipal waste or source-separated recyclable materials from any
sources within Upper Southampton Township in a manner not in accordance
with the provisions of this article, any applicable municipal ordinance,
the Revised County Plan, Act 90, Act 101, the minimum standards and
requirements established in Chapter 285 of the PADEP Municipal Waste
Management Regulations, any applicable Bucks County Department of
Health regulations, and/or any other federal, state, or local regulations.
C.
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 Upper Southampton
Township without prior approval from Upper Southampton Township.
All collectors or waste haulers operating within the Upper Southampton
Township must comply with the following minimum standards and regulations:
A.
All trucks or other vehicles used for collection and transportation
of municipal waste and/or source-separated recyclable materials must
comply with the applicable requirements of Act 90, Act 97, Act 101,
and PADEP regulations adopted pursuant to Act 97 and Act 101, including
the Title 25 PA. Code Chapter 285, Subchapter B, regulations for the
collection and transportation of municipal waste.
B.
All collection vehicles conveying municipal waste and/or source-separated
recyclable materials shall be operated and maintained in a manner
that will prevent creation of a nuisance or a hazard to public health,
safety and welfare.
C.
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.
D.
All collection vehicles conveying nonputrescible municipal waste
and/or source-separated recyclable materials shall be capable of being
enclosed or covered to prevent litter and other nuisances.
E.
All collection vehicles conveying municipal waste and/or source-separated
recyclable materials shall bear signs identifying the name and business
address of the person or municipality which owns the vehicle and the
specific type of material transported by the vehicle. All such signs
shall have lettering which is at least six inches in height as required
by Act 101.
F.
All collection vehicles and equipment used by collectors or waste
haulers shall be subject to inspection by Upper Southampton Township
or its authorized agents at any reasonable hour without prior notification.
A.
No person shall collect, or remove any municipal waste from within
Upper Southampton Township without first obtaining written authorization
from PADEP in accordance with the provisions of Act 90 and providing
a copy of such written authorization to Upper Southampton Township.
This section shall not apply to private individuals (e.g., homeowners)
who wish to transport their own household waste to PADEP approved
facilities or recyclables to appropriate recycling centers, nor to
farmers, landscapers or nurserymen, who collect, remove, haul or otherwise,
transport agricultural or other organic waste associated with their
respective business activities.
B.
For a collector or waste hauler to collect and transport municipal
waste within Upper Southampton Township, a collector or waste hauler
shall submit a registration form to Upper Southampton Township which
shall include a copy of its state-issued written authorization, and
a copy of its Municipal and Residual Waste Transporter Authorization
Application along with the following information that may be deemed
appropriate by Upper Southampton Township:
(1)
A list of collection vehicles covered under the written authorization
including, as a minimum, the following information for each vehicle:
identification information for each vehicle (such as vehicle license
number, vehicle registration number, or company identification number);
date and location of most recent vehicle inspection; and hauling capacity
of the vehicle.
(2)
The type of municipal waste to be collected and transported.
(3)
Certificate(s) of insurance evidencing that the waste hauler or collector
has valid liability, automobile and workmen's compensation insurance
in the minimum amounts established and required by separate resolution
of the governing body of Upper Southampton Township.
(4)
If they are hauling or collecting source-separated recyclable materials
in Upper Southampton Township, identify the materials being hauled
of collected and provide the following information for each vehicle:
identification information for each vehicle (such as vehicle license
number, vehicle registration number, or company identification number);
date and location of most recent vehicle inspection; and hauling capacity
of the vehicle.
C.
Any person who fails to satisfy the minimum standards and requirements
of this article or is in violation of the provisions of this article
may not lawfully collect municipal waste or source-separated material
in Upper' Southampton Township.
D.
All licensed collectors and licensed waste haulers shall meet the
requirements of Act 90, Act 97, Act 101, the Bucks County Municipal
Waste Management Plan, and all PADEP rules and regulations (25 PA
Code Chapter 285).
A.
All licensed collectors and licensed waste haulers and collectors
and haulers of source-separated recyclable materials operating within
Upper Southampton Township shall participate in the Bucks County Municipal
Recycling Documentation Program. The program will provide a system
for documenting the origin of municipal waste and source-separated
recyclable material by municipality and the ultimate disposal point
of said waste and recyclables. Each licensed collector and licensed
waste hauler and collectors and haulers of source-separated recyclable
materials operating in Upper Southampton Township shall prepare and
submit an annual report to Upper Southampton Township on the official
Collectors and Haulers Recyclables Documentation Reporting Form. The
report shall be submitted by the licensed collector or licensed waste
hauler and collectors and haulers of source-separated recyclable materials
to Upper Southampton Township by January 31 of each year and include
all of the required information pertaining to the preceding calendar
year.
B.
All annual reports submitted to Upper Southampton Township from licensed
collectors and licensed waste haulers and collectors and haulers of
source-separated recyclable materials shall be combined into a single
report and submitted by Upper Southampton Township on the official
Municipal Recyclables Documentation Reporting Form to the county by
February 28 of the year following the reporting period.
[Amended 6-19-2012 by Ord. No. 414]
Any violation of this article shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, firm or corporation who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and/or to imprisonment for a term not
to exceed 10 days. Each day that a violation of this article continues,
or each section of this article which shall be found to have been
violated, shall constitute a separate offense. For purposes of this
section, the doing of any act or thing prohibited by any provision
of this article, or the failure to do any act or thing as to which
any provision of this article creates an affirmative duty, shall constitute
a violation of this article punishable as herein stated. Licensed
collectors and licensed waste haulers who shall violate any provision
of this article may be reported to the PADEP by Upper Southampton
Township and may be subject to the revocation of the state authorization
to transport municipal waste, as described in Act 90.
Upper Southampton Township may petition the Bucks County Court
of Common Pleas for an injunction, either mandatory or prohibitive,
in order to enforce any of the provisions of this article.
