City of Washington, PA Article III Waste Hauler Licensing Program

§ 294-23 Short title.

This article shall be known and referred to as the "Municipal Waste Hauler Licensing Ordinance."

§ 294-24 Definitions.

A. 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:

ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7. 1980).[1]

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (SB 528, Act 1988 - 101, July 28, 1988).[2]

COLLECTOR or WASTE HAULER

Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers and theaters.

DEPARTMENT or DEP

The Pennsylvania Department of Environmental Protection.

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, universities and churches.

LEAF WASTE

Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass trimmings.

LICENSED COLLECTOR or LICENSED WASTE HAULER

Any municipal waste collector or hauler possessing a current license issued by the City of Washington pursuant to this article.

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 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.

MUNICIPAL WASTE LANDFILL

Any facility that is designed, operated and maintained for the disposal of municipal waste and permitted by the Pennsylvania DEP for such purposes.

MUNICIPALITY

The City of Washington.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, municipality, state institution and 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, 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.

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 stations, 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 mechanical separation and treatment of municipal waste (other than combustion) and creation and recovery of reusable materials other than as fuel for the operation of energy.

SCAVENGING

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.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Materials 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.

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.

B. For the purposes of this article, the singular shall include the plural, and the masculine shall include the feminine and neuter.

§ 294-25 Prohibited activities.

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 the City of Washington without first securing a license to do so in accordance with the provisions of this article.

B. It shall be unlawful for any person to collect and/or transport municipal solid waste from any sources within the City of Washington 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.[1]

[1] Editor's Note: See Title 25, Chapter 285, of the Pa. Code.

C. It shall be unlawful for any person to transport any municipal waste collected from within the City of Washington to any processing and/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 any material from any municipal waste or source-separated recyclable materials that are stored or placed for subsequent collection within the City of Washington without prior approval from the City.

§ 294-26 Standards for collection and transportation.

A. All collectors or waste haulers operating within the City must comply with the following minimum standards and regulations:

(1) 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, Chapter 285, Subchapter B, "Regulations for the Collection and Transportation of Municipal Waste."

(2) 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.

(3) All collection vehicles conveying putrescible municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attracting of vectors and the creation of odors and other nuisances.

(4) All collection vehicles conveying nonputrescible municipal waste shall be capable of being enclosed or covered to prevent litter and other nuisances.

(5) All collection vehicles conveying municipal waste shall bear signs identifying the name and business address of the person or municipality which owns 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.

B. All collection vehicles and equipment used by licensed collectors or haulers shall be subject to inspection by the City or its authorized agents at any reasonable hour without prior notification.

C. All trucks, vehicles or other instrumentalities used to transport or collect solid waste or recyclables shall be adequately secured or covered so that the materials hauled therein shall not be scattered or dispersed over the streets or property within the City of Washington.

§ 294-27 Licensing requirements.

A. No person shall collect, remove, haul or transport any municipal waste through or upon the streets of the City without first obtaining a license in accordance with the provisions of this article.

B. All collectors and waste haulers shall be licensed by the City of Washington and designated as a "licensed waste hauler" or a "licensed collector."

C. The City of Washington shall reserve the right to designate specific municipal waste processing and/or disposal facilities where all licensed collectors must transport and dispose all municipal waste collected within the City of Washington.

D. Any person who desires to collect, haul or transport municipal waste within the City of Washington shall submit a license application and any application fee to the City or its designated licensing representative. The City shall have a minimum period of 30 calendar days to review any application and take approval or denial action.

E. Fees.

(1) Each person securing a permit for the hauling of said rubbish or solid waste shall pay the following fees for a vehicle, on an annual basis, as follows:

	1/2- or 3/4-ton pickup	$10
	1-ton truck	$15
	Single axle over 1 ton	$25
	Dual axle and compactor	$50

(2) The City of Washington hereby reserves the right to alter this fee schedule by resolution or otherwise taking action by majority vote of Mayor and Council at a meeting of the Mayor and Council. All licenses are nontransferable and shall be issued for a period of one calendar year. There shall be no reduction or prorated fee for any license issued during the middle of any calendar year.

F. The license application form, which will be supplied by the City, shall set forth the minimum information required to establish the applicant's qualifications for a license to collect and transport municipal waste, including, but not necessarily limited to:

(1) Name and mailing address of the applicant.

(2) Name and telephone number of contact person.

(3) List of all collection vehicles to be covered under the license, including identification information for each vehicle, such as vehicle license number and company identification number.

(4) Type of municipal waste collected and transported.

(5) Certificate(s) of insurance to present evidence that the applicant has valid liability, automobile and workers' compensation insurance in the minimum amounts established and required by the City.

G. Any collector or hauler with an existing license shall submit a new license application and license fee to the City of Washington at least 60 days prior to the expiration date of an existing license, if renewal of the license is desired. New license applicants must submit a license application and license fee at least 30 days before beginning collection and transporting municipal waste in the municipality.

H. No new license or license renewal shall be approved and issued to any person who fails to satisfy the minimum standards and requirements of this article or is in violation of the provisions of this article.

I. All permits shall be prominently displayed on every such vehicle carrying and/or dumping solid waste.

J. Each person, firm or corporation securing a permit for the hauling of said solid waste shall be required to report the total number of vehicles to be utilized in servicing the City of Washington for rubbish collection. Said report shall be furnished when securing said permit and shall provide all information reasonably required by the City of Washington.

§ 294-28 Reporting requirements.

A. All licensed collectors shall promptly report any significant change in the collection vehicles or equipment covered under the license and insurance coverage changes to the City.

B. All licensed collectors shall maintain current, up-to-date records of the customers serviced within the City of Washington. 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 City. 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 City during each month of reporting period.

(2) Name of each processing/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.

§ 294-29 Violations and penalties.

A. Any person who violates any provision of this article shall be guilty of a misdemeanor which is punishable, upon conviction, by a fine of not less than $1,000 or by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered as a separate and distinct offense.

B. The City of Washington shall have the right at any time, and without refund of any license fee, to suspend or revoke the license of any licensed collector or hauler for any of the following causes:

(1) Falsification or misrepresentation of any statement in any license application.

(2) Lapse or cancellation of any required insurance coverage.

(3) Collection and/or transportation of any municipal waste in a careless or negligent manner or any other manner that is not in compliance with the requirements of this article.

(4) Transportation and disposal of any municipal waste collected within the municipality at any site that is not properly permitted by the Pennsylvania DEP or other applicable regulatory agency.

(5) Violation of any part of this article, any other applicable municipal ordinances or any applicable Pennsylvania laws or regulations.

§ 294-30 Injunctive powers.

The City of Washington may petition the Court of Common Pleas of Washington County for an injunction, either mandatory or prohibitive, in order to enforce any of the provisions of this article.