[Ord. 91-1, 7/8/1991, § 1; as amended by Ord. 97-7, 10/13/1997, § 20-301]
This part shall be known and may be cited as the "Municipal Waste and Recyclable Collectors Registration Ordinance."
[Ord. 91-1, 7/8/1991, § 2]
As used in this part, the following terms shall have the meanings indicated:
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous materials resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual waste or hazardous waste in the Solid Waste Management Act (Act 97), 35 P.S. § 6018.101 et seq., and the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101), 53 P.S. § 4000.101 et seq., from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility, but excluding source separated recyclables.
- MUNICIPAL WASTE COLLECTOR
- Any collector registered pursuant to this part and the regulations established by resolution adopted hereunder, and pursuant to any intermunicipal agreement subsequently executed by New Hanover Township with Montgomery County or other municipalities.
- Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency or any other legal entity or any group of such persons whatsoever which is recognized by law as the subject of rights and duties. In any provision of this part prescribing a fine, penalty or imprisonment, or any combination of the foregoing, the word "person" shall mean the officers and directors of any corporation or other legal entity having officers and directors.
- RECYCLABLE MATERIALS
- Only those materials required to be recycled, pursuant to the provisions of regulations established by resolution adopted hereunder, as revised from time to time.
- Any individual, fun, partnership, corporation, association, institution, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency or any other legal entity or any group of such persons whatsoever which is recognized by law as the subject of rights and duties, which owns, leases or occupies a property located in New Hanover Township used as a residence and containing four or less dwelling units.
- SOURCE SEPARATED RECYCLABLES
- Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
[Ord. 91-1, 7/8/1991, § 3; as amended by Ord. 04-6, 9/27/2004, § 3]
Registration. Every person desiring to engage in, continue to engage in or hereafter to begin to engage in the business of collecting, removing, transporting or hauling municipal waste and recyclable materials from any property in New Hanover Township shall first register with the Township. Such registration shall be for a period of one year beginning January 1 of the year in which the registration occurs.
Collection Equipment and Transportation Vehicles. The collection equipment and transportation vehicles used for the collection of municipal waste shall be of the closed metal body type with an automatic compactor unit. Said vehicles shall, at all times, be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania. All such vehicles shall be specifically designed to prevent leakage of any liquid or fluids. Other type vehicles may be used only for the collection of recyclable materials; provided, such items are separately collected in accordance with other regulations adopted hereunder. The municipal waste and recyclables so collected shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vermin or creation of other nuisances. The collection equipment and transportation vehicles shall be kept in clean and sanitary condition.
Certificates of Insurance. No person shall be entitled to register with the Township as a collector unless such collector can show certificates of insurance covering public liability for both bodily injury and property damage, owners' and contractors' protective insurance and automobile insurance with respect to personal injuries and property damage. Such insurance shall be in amounts that shall be, from time to time, set forth by the Board of Supervisors of New Hanover Township by regulations established by resolution adopted hereunder. Each and every policy of insurance herein mentioned which is required pursuant to the terms of the Part shall carry with it an endorsement to the effect that the insurance carrier will convey to New Hanover Township, by certified mail, written notice of any modification, alteration or cancellation of any such policy or policies or the terms thereof. The above mentioned written notice shall be mailed to the Township at least 30 days prior to the effective date of any such modification, alteration or cancellation.
Collection Procedures. Municipal waste collectors shall not be required to collect municipal waste of any resident where it is obvious that recyclable materials have not been separated pursuant to this part.
Rates Schedule. Each municipal waste collector shall, annually, file with the Township a rate schedule showing the rates to be charged to its customers for the collection of municipal waste and recyclable materials. Such rate schedule shall not be changed by the municipal waste collector without first giving notice to the Township at least 30 days prior to the effective date of such change. Each municipal waste collector shall also file with the Township, annually, or upon changes of the routes, a map showing the areas of the Township in which it operates and a timetable setting forth the days of collection.
Registration Fee. At the time of registration, the collector shall pay to the Township a registration fee in an amount and form as may be adopted, from time to time, by resolution of the Board of Supervisors of New Hanover Township.
Reporting. The municipal waste collectors shall be responsible for obtaining all weight and volume of quantity data. Such data shall be supplied to the Township on a quarterly basis, and the fourth quarter data shall be supplied to the Township by January 15 for the preceding year, so that the Township may submit reports in accordance with Act 101 and other applicable laws and submit applications for recycling performance grants.
[Ord. 91-1, 7/8/1991, § 4]
Any person who shall violate the provisions of this part shall receive an official written notice of noncompliance from the Township for the first and second offenses. Thereafter, all such violations shall be subject to penalties hereinafter provided.
[Ord. 91-1, 7/8/1991, § 5]
The collection of municipal waste and recyclable materials by municipal waste collectors shall be made in compliance with the regulations to be adopted by the Board of Supervisors of New Hanover Township to carry out the intent and purpose of this part. Such rules and regulations shall be approved by resolution of the Board of Supervisors of New Hanover Township; and, when so approved, shall have the same force and effect as the provisions of this part. The said rules and regulations may be amended, modified or replaced by resolution of the Board of Supervisors of New Hanover Township.
[Ord. 91-1, 7/8/1991, § 5A; as added by Ord. 97-7, 10/13/1997, § 20-306]
No vehicle intended solely for domestic collection shall operate on any street, roadway, cartway, public thoroughfare or highway while not in the normal course of domestic solid waste collection for customers or constituents within the Township of New Hanover and further, no vehicle intended solely for domestic collection as herein identified shall operate on any of the streets, highways, roadways as aforesaid except from the hours of 5:00 a.m., prevailing time, to 2:00 p.m., prevailing time, Monday through Saturday.
[Ord. 91-1, 7/8/1991, § 5B; as added by Ord. 97-7, 10/13/1997, § 20-307]
No vehicle transporting, transferring or delivering garbage, rubbish or solid waste of any nature shall operate on any street, highway, alley way, cartway, public thoroughfare or other roadway with the intention of delivering the garbage, rubbish or solid waste collected therein to a site or facility situate within the perimeters of the Township except as may be established as follows:
Access to the site or facility shall be limited to normal operating hours of that facility in all circumstances as hereinafter otherwise specifically identified.
No vehicle transporting, transferring or delivering garbage, rubbish or solid waste as defined in this part shall operate on any of the streets, highways, roadways as aforesaid except from the hours of 8:00 a.m., prevailing time, to 5:00 p.m., prevailing time, Mondays through Fridays. No vehicle of any type shall operate to transport, transfer or deliver solid waste to such a solid waste site or facility at any other time, nor shall any vehicle be parked or staged on any street, highway or roadway in anticipation of the opening of such facility except in compliance with this part. In addition, the site or facility shall not be accessible to vehicle deliveries on the following holidays: Christmas Day, New Years Day, Thanksgiving Day, Good Friday, Labor Day, Memorial Day, Fourth of July.
The hours of operation and other regulations or restrictions regarding registration of such vehicle and access to the site or facility shall be prominently displayed on a sign at the entrance to said facility, said sign having the minimum dimensions of three feet in width by four feet in height with lettering thereon to be legible from the nearest road surface thereto or at a distance of 50 feet, whichever distance is greater.
[Ord. 91-1, 7/8/1991, § 6; as amended by Ord. 97-7, 10/13/1997, § 20-308; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, 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 90 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.