[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."
[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.
The Pennsylvania Waste Transportation Safety Act of 2002
(P. L. 596, No. 90, June 29, 2002).
The Pennsylvania Solid Waste Management Act of 1980 (P. L.
380, No. 97, July 7, 1980).
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).
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 non-manufacturing or non-processing
business, including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
The County of Bucks of the Commonwealth of 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.
The Borough of Doylestown, 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 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.
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.
[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.
[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:
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.
[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:
(3)
Workers' compensation, including occupational disease and
employer's liability insurance, as follows:
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).
[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.
[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.
[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.
[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.
[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.
