[Adopted 9-25-1991 by Ord. No. 90]
This article shall be known and referred to as the "Municipal
Waste Hauler Licensing Ordinance."
A.
ACT 97
ACT 101
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
DEPARTMENT or DEP
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPAL WASTE LANDFILL
MUNICIPALITY
PERSON
PROCESSING
RECYCLING
SCAVENGING
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSPORTATION
The following words and phrases, as used in this article, shall have
the meanings ascribed to them herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[2]
Any person, firm, partnership, corporation or public agency
engaged in the collection or transportation of municipal waste.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
The Pennsylvania Department of Environmental Protection.
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.
Any municipal waste collector or hauler possessing a current
license issued by the appropriate agency as provided by law.[3]
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 any 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.
Any facility that is designed, operated and maintained for
the disposal of municipal waste and permitted by the Pennsylvania
DEP for such purposes.
The Township of Union.
Any individual, partnership, corporation, association, institution,
cooperative enterprises, municipal authority, municipality, state
institution and agency, or any other legal entity recognized by law
as the subject of rights and duties. In any provision of this article
prescribing a fine, penalty or imprisonment, 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 stations, 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 of or processed as municipal waste, or
the mechanical separation and treatment of municipal waste (other
than by combustion) and creation and recovery of reusable materials
other than as a fuel for the creation of energy.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a solid
waste processing or disposal facility.
Materials 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 or transport municipal
waste from any residential, public, commercial, industrial or institutional
establishment within Union Township without first securing a license
to do so from the appropriate agency as provided by law.[1]
B.
It shall be unlawful for any person to collect or transport municipal
solid waste from any sources within Union Township in a manner not
in accordance with the provisions of this article and the minimum
standards and requirements established in Chapter 285 of the DEP's
Municipal Waste Management Regulations.[2]
[2]
Editor's Note: See 25 Pa. Code Chapter 285.
C.
It shall be unlawful for any person to transport any municipal waste
collected from within Union Township to any processing or disposal
facility other than those facilities which are properly permitted
by the Pennsylvania DEP or other applicable regulatory agency.
D.
It shall be unlawful for any person to scavenge, without prior approval
from the municipality, any material from any municipal waste or source-separated
recyclable materials that are stored or placed for subsequent collection
within Union Township.
All collectors or waste haulers operating within the Township
must comply with the following minimum standards and regulations:
A.
All trucks or other vehicles used for collection and transportation
of municipal waste must comply with the requirements of Act 97 and
Act 101 and Department regulations adopted pursuant to Act 97 and
Act 101, including Title 25 Pennsylvania Code Chapter 285, Subchapter
B, Regulations for the Collection and Transportation of Municipal
Waste.
B.
All collection vehicles conveying municipal waste 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
shall be capable of being enclosed or covered to prevent litter and
other nuisances.
E.
All collection vehicles conveying municipal waste shall bear signs
setting out the name and business of the person or municipality owning
the vehicle and the specific type of municipal waste 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 licensed collectors
or haulers shall be subject to inspection by the Township or its authorized
agents at any reasonable hour and without prior notification.
A.
No person shall collect, remove, haul or transport any municipal
waste through or upon roads, alleys or streets in the Township without
first obtaining a license from the appropriate agency as provided
by law.
B.
The Township of Union shall reserve the right to designate specific
municipal waste processing or disposal facilities where all licensed
collectors must transport and dispose of all municipal waste collected
within the Township of Union.
A.
All licensed collectors shall promptly report to the municipality
any significant changes in the collection vehicles or equipment covered
under the license and in any insurance coverage.
B.
All licensed collectors shall maintain current, up-to-date records
of the customers served within Union Township. Such records and customer
lists shall be subject to inspection and made available to the municipality
or its authorized agents upon request.
C.
Each licensed collector shall prepare and submit a semiannual report
to the Township. The report for the first half of the year (January
through June) shall be submitted on or before July 31, and the report
for the second half of each year (July through December) shall be
submitted by January 31 of the following year. At a minimum, the following
information shall be included in each report:
(1)
Total weight of each type of municipal waste collected from all sources
within the municipality during each month of reporting period.
(2)
Name of each processing or disposal facility used during the reporting
period and total weight of each type of municipal waste delivered
to each site during each month of the reporting period.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
The Township of Union may petition the Washington County Court
of Common Pleas for an injunction, either mandatory or prohibitive,
to enforce any of the provisions of this article.