Borough of Doylestown, PA
Bucks County
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Table of Contents
Table of Contents

§ 301 Short Title.

[Ord. 2007-8, 9/17/2007]
This Part 3 shall be known and referred to as the "Municipal Waste Collection and Transportation Ordinance of the Borough of Doylestown."

§ 302 Definitions.

[Ord. 2007-8, 9/17/2007]
For the purpose of this Part 3, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, the masculine shall include the feminine and neuter, and words in the plural number include the singular number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
ACT 90
The Pennsylvania Waste Transportation Safety Act of 2002 (P. L. 596, No. 90, June 29, 2002).
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P. L. 380, No. 97, July 7, 1980).
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).
COLLECTOR OR WASTE HAULER
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.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a non-manufacturing or non-processing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers and theaters.
COUNTY
The County of Bucks of the Commonwealth of Pennsylvania.
DISPOSAL
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).
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or production activities, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in services, including, but not limited to, hospitals, nursing homes, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
LICENSED COLLECTOR OR LICENSED WASTE HAULER
A person who has written authorization from the PADEP under Act 90 to collect, haul, transport and dispose of municipal waste.
MUNICIPALITY
The Borough of Doylestown, Bucks County, Pennsylvania.
MUNICIPAL WASTE
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.
PADEP
The Pennsylvania Department of Environmental Protection.
PERSON
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 Part 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.
PROCESSING
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.
RECYCLING
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.
SCAVENGING
The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a processing or disposal facility.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials, including leaf waste, that are separated from municipal waste at the point of origin or generation for the purpose of recycling.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation.

§ 303 Prohibited Activities.

[Ord. 2007-8, 9/17/2007]
1. 
It shall be unlawful for any person to collect and/or transport municipal waste from any residential, public, commercial, industrial or institutional establishment within the municipality without first securing written authorization from the PADEP in accordance with the provisions of Act 90.
2. 
It shall be unlawful for any person to store, collect and/or transport municipal waste or source-separated recyclable materials from any sources within the municipality in a manner not in accordance with the provisions of this Part, 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.
3. 
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 the municipality without prior approval from the municipality.

§ 304 Standards for Collection and Transportation.

[Ord. 2007-8, 9/17/2007]
1. 
All collectors and/or waste haulers operating within the municipality 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. 
Collection vehicles and equipment shall not be parked or stored upon the streets, roads, highways or alleys of the municipality.
2. 
Collectors and/or waste haulers shall not collect municipal waste or source-separated recyclables between the hours of 10:00 p.m. and 6:00 a.m. prevailing time on any day within the municipality and at any time on the following designated holidays occurring during each calender year, or such other hours or holidays as shall be designated, from time to time, by separate resolution of Borough Council of the Borough of Doylestown, to wit:
A. 
Any Sunday throughout the year.
B. 
January 1.
C. 
Martin Luther King's Birthday.
D. 
President's Day.
E. 
Good Friday.
F. 
Memorial Day.
G. 
July 4th.
H. 
Labor Day.
I. 
Veterans Day.
J. 
Thanksgiving Day.
K. 
Christmas Day.
3. 
All collection vehicles and equipment used by collectors or waste haulers shall be subject to inspection by the municipality or its authorized agents at any reasonable hour without prior notification.

§ 305 Licensing and Registration Requirements.

[Ord. 2007-8, 9/17/2007]
1. 
No person shall collect, or remove any municipal waste from within the municipality without first obtaining written authorization from PADEP in accordance with the provisions of Act 90 and providing a copy of such written authorization to the municipality. 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.
2. 
A collector or waste hauler, in order to collect and transport municipal waste within the municipality, shall submit a registration form to the municipality which shall include a copy of their state-issued written authorization, and a copy of their Municipal and Residual Waste Transporter Authorization Application (DEP form 2500-PM-BWM0015) along with any of the following information that may be deemed appropriate by the municipality:
A. 
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.
B. 
The type of municipal waste to be collected and transported.
C. 
Certificate(s) of insurance evidencing that the waste hauler or collector has valid liability, automobile and workers' compensation insurance in the following minimum amounts, or such other minimum amounts as shall be established, from time to time, by separate resolution of Borough Council of the Borough of Doylestown, to wit:
(1) 
A comprehensive general liability policy which shall have a bodily injury and property damage combined single occurrence liability limit of $1,000,000 minimum, per occurrence, and providing at a minimum the following coverages:
(a) 
Comprehensive Form.
(b) 
Premises — Operations.
(c) 
Explosion and Collapse Hazard.
(d) 
Underground Hazard.
(e) 
Products/Completed Operations Hazard.
(f) 
Contractual Insurance.
(g) 
Broad Form Property Damage.
(h) 
Independent Contractors and Subcontractors.
(i) 
Personal Injury.
(2) 
A comprehensive automobile liability policy which shall have a bodily injury and property damage combined single occurrence liability limit of $1,000,000 minimum, per occurrence, and providing at a minimum the following coverages:
(a) 
Comprehensive Form.
(b) 
Owned.
(c) 
Hired.
(d) 
Non-Owned.
(3) 
Workers' compensation, including occupational disease and employer's liability insurance, as follows:
(a) 
The amounts and coverages required by the Pennsylvania Workers' Compensation and Occupational Disease Laws.
(b) 
Employer's liability insurance in the minimum amount of $1,000,000 for each accident and/or occurrence.
D. 
If hauling or collecting source-separated recyclable materials in the municipality, a collector or waste hauler shall identify the materials being hauled or 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.
3. 
Any person who fails to satisfy the minimum standards and requirements of this Part or is in violation of the provisions of this Part may not lawfully collect municipal waste or source-separated material in the municipality.
4. 
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).

§ 306 Reporting Requirements.

[Ord. 2007-8, 9/17/2007]
1. 
All licensed collectors and licensed waste haulers and collectors and haulers of source-separated recyclable materials operating within the municipality 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 the municipality shall prepare and submit an annual report to the municipality on the official Collectors and Haulers Recyclables Documentation Reporting Form. The report shall be submitted by the PADEP licensed collector or licensed waste hauler and collectors and haulers of source-separated recyclable materials to the municipality by January 31 of each year and include all of the required information pertaining to the preceding calendar year.
2. 
All annual reports submitted to the municipality 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 the municipality on the official Municipal Recyclables Documentation Reporting Form to the County by February 28 of the year following the reporting period.

§ 307 Penalties.

[Ord. 2007-8, 9/17/2007]
Any person who shall violate any provision of this Part 3, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each Section of this Part 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 Part, or the failure to do any act or thing as to which any provision of this Part creates any affirmative duty, shall constitute a violation of this Part punishable as herein stated. Licensed collectors and licensed waste haulers who shall violate any provision of this Part may be reported to the PADEP, by the municipality and may be subject to the revocation of the State authorization to transport municipal waste, as described in Act 90.

§ 308 Injunctive Powers.

[Ord. 2007-8, 9/17/2007]
The municipality 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 Part.

§ 309 Severability.

[Ord. 2007-8, 9/17/2007]
In the event that any section, paragraph, sentence, clause or phrase of this Part, or any part thereof, shall be declared illegal, invalid or unconstitutional for any reason, the remaining provisions of this Part shall not be affected, impaired or invalidated by such action.

§ 310 Conflict.

[Ord. 2007-8, 9/17/2007]
Any ordinances or resolutions, or any part of any ordinance or resolution of the Borough of Doylestown, that conflicts with this Part 3 are hereby repealed insofar as the same is specifically inconsistent with this Part.