A.
It shall be unlawful for any person, except for litter control, roadside
cleanup, stream cleanup people and other persons duly authorized by
the Township, to collect and to transport municipal wastes of any
nature or recyclables within or from the Township. Authorization to
collect, transport and dispose of municipal waste or recyclables for
persons other than one's self or for whom one is acting as an
agent (as defined in this chapter) may be given only by the Township
through the issuance of a hauler's license or a recyclable collection
permit.
B.
All licensed haulers and recyclable collection permittees shall follow
and conduct themselves in accordance with their current license or
permit and serve each of their customers in accordance with the requirements
of this chapter, any failure of which shall be a violation of this
chapter.
C.
All applications for such licenses or permits shall be evaluated
and approved in accordance with the following criteria:
(1)
Hauler's license.
(a)
Hauler's licenses will be issued on a calendar-year basis.
(b)
Hauler's licenses will be issued to only those persons
who comply with the provisions and intent of this chapter, who show
evidence of a valid Monroe County license and who provide their name,
address and telephone number.
(c)
The Township may deny a hauler's license for any of the
following reasons:
[1]
If the applicant's hauler's license has previously
been revoked or suspended for legal cause.
[2]
If the applicant has violated or is violating the Township Ordinance,
County Waste Management Ordinance, Solid Waste Management Act or Municipal
Waste Planning, Recycling and Waste Reduction Act,[1] as all may be amended from time to time or any regulations
of the Department of Environmental Protection relating to the environment
and to solid waste or has been convicted of any such violation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.,
and 53 P.S. § 4000.101 et seq., respectively.
[3]
Where, in the Township or elsewhere, the applicant has failed
to fulfill his duties as a municipal waste collector in general or
in particular has failed to pick up municipal waste and recyclables
in a workmanlike manner or a regularly scheduled basis.
(d)
Haulers' licenses may be revoked at any time by the Township
in accordance with the following:
[1]
Failure of the licensee to furnish and provide collection and
disposal of municipal waste and recyclables in accordance with the
terms of this chapter and the conditions under which the license was
issued.
[2]
Administrative proceedings.
[Amended 9-30-2014 by Ord. No. 2014-11]
[a]
In case of violation or failure to comply with
the provisions of this section, the Township Commissioners shall give
the licensee an opportunity for a hearing thereon. Any licensee so
entitled to a hearing pursuant to this section shall have 10 days
after notice to submit a written request for a hearing, and the failure
of the licensee to so request a hearing shall be deemed to constitute
an admission of the violation with which he is charged and which forms
the basis of the revocation of his license. A hearing shall be scheduled
before the Township Commissioners and the licensee given 10 days'
written notice of the time and place of the hearing at which he shall
appear and answer the charges.
[b]
Upon determination that a violation did occur,
the Township Commissioners may issue a warning or may revoke the license.
[3]
The issuance of a hauler's license under this section does
not grant a vested right to any collector to a continued right to
haul or collect municipal waste and recyclables in the Township, and
the Township reserves the right to contract for municipal waste and
recycling services or to initiate the public collection of municipal
waste and/or recyclables.
(e)
Conditions relating to hauler's licenses.[2]
[1]
Licensees shall have placed on the doors or each side of the
body of each vehicle the name of the hauler, the telephone number
of the hauler's office or headquarters and the type of waste
being transported therein (or, if recyclables are being transported
therein, then such to be indicated). The size of such lettering shall
be no less than six inches in height and clearly legible. Vehicles
shall be so marked within 10 days after the commencement of their
use in the Township.
[2]
Licensees shall be responsible for the manner in which their
employees perform work pertaining to collection, hauling and disposal
of municipal waste and recyclables under the terms of this chapter.
[3]
The licensee shall pay all costs charged for the use of any
disposal facilities which is utilized.
[4]
Licensees shall empty bulk containers (such as dumpsters) which
have been provided by them to their customers, when such bulk containers
become full.
(2)
Recyclable collection permit.
(a)
A person who is not a licensed hauler, as defined in this chapter,
shall not collect, transport or dispose of recyclables for any persons
other than himself or for whom he is acting as an agent (as defined
in this chapter) unless he has applied for and obtained a valid recyclable
collection permit authorizing such activity. Applications for such
permit shall be made by submission to the Township of a form to be
prescribed therefor, completed by the applicant. Recyclable collection
permits shall be obtained annually and issued on a calendar-year basis.
[Amended 9-30-2014 by Ord. No. 2014-11[3]]
(b)
As a condition of issuance of a recyclable collection permit,
all recyclable collection permittees shall be required to take all
of the recyclable material which they collect from their customers
to a recycling facility.
Every hauler, as a precondition to being licensed to do business
within the Township, shall be required to provide to its residential,
multifamily, commercial, municipal and institutional establishments
and properties the service of removing recyclables from their properties
at the curbside or an appropriate location on the premises. Any such
recyclables so removed by licensed haulers shall be kept separate
from municipal waste and shall be taken to a recycling facility for
the purpose of recycling.
The Township reserves the right by resolution to direct recyclables
to a designated recycling facility.
No licensed hauler shall accept, pick up or remove any bag or
other container of municipal waste which the hauler knows or has reason
to believe contains recyclables combined with municipal waste. Upon
discovery of such recyclables combined with municipal waste placed
at curbside or otherwise placed for pickup, the hauler shall affix
a tag or sticker to the container containing the recyclables.
In the event of any missed pickup, the collector shall collect
from the missed location within 24 hours of notification from the
missed resident, provided that the resident has abided by the terms
of his contract with the hauler.
All complaints regarding collection of recyclables or municipal
waste shall initially be reported to the collector. Any complaint
which the collector falls to resolve shall be reported, in writing,
to the Township.
Nothing contained herein shall impair or prohibit any recognized
civic, fraternal, charitable or benevolent organization, association
or society from undertaking the collection of recyclables from the
public. Any such collection activity can only occur prior to the recyclable
materials being placed at curbside or similar location for collection
by an authorized collector. Prior to initiating such activity, the
organization shall obtain authorization from the Township.
