[Adopted 3-24-1992 by Ord. No. 69]
This article shall be known and referred to as the "Waste Flow Control and Licensing Ordinance of Nockamixon Township."
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 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[1]
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[2]
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency who or which is engaged in the collection and/or transportation of municipal waste and/or source-separated recyclable materials.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, offices, restaurants, shopping centers and theaters.
COUNTY
The County of Bucks, Pennsylvania.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection.
DISPOSAL
The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in such 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 DEP rules and regulations (e.g., 25 Pa. Code Chapters 75 and 271).
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 and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any collector or hauler of municipal waste and/or source-separated recyclables possessing a current license issued by the municipality 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 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.
MUNICIPALITY
The Township of Nockamixon, Bucks County, Pennsylvania.
PERSON
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 article 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.
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 facilities, recycling facilities, 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 mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a 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 processing or disposal facility.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials, including leaf waste, 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 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B. 
For the purposes of this article, the singular shall include the plural, and the masculine shall include the feminine and neuter.
A. 
Nockamixon Township shall designate by separate resolution one or more specific processing and/or disposal facilities where all licensed collectors must, as a condition of licensing, transport and dispose all municipal waste collected within Nockamixon Township. Processing and/or disposal facilities designated by the municipality must be on the list of county-designated facilities in the Bucks County Municipal Waste Management Plan.
B. 
Nockamixon Township shall have the right by separate resolution to require any licensed collector to obtain a contract with any or all processing and/or disposal facilities accepting municipal waste generated within the municipality. Said contract(s) must provide for a minimum of one year of guaranteed capacity with a contract renewal option of at least one year. Said contract(s) must be accompanied by a notarized statement of the projected annual weight and/or volume of waste or recyclable material to be disposed at the facility.
A. 
It shall be unlawful for any person to collect municipal waste or source-separated recyclable materials from any residential, public, commercial, industrial or institutional establishment within Nockamixon Township without first securing a license to do so from the municipality in accordance with the provisions of this article.
B. 
It shall be unlawful for any person to collect and/or transport municipal waste or source-separated recyclable materials from any sources within Nockamixon Township in a manner not in accordance with the provisions of this article, any applicable municipal ordinance, the Bucks County Municipal Waste Management Plan, Act 101, the minimum standards and requirements established in Chapter 285 of the DEP's Municipal Waste Management Regulations (25 Pa. Code Chapter 285) and/or any other federal, state or local regulations.
C. 
It shall be unlawful for any person to transport any municipal waste collected from within Nockamixon Township to any processing and/or disposal facility other than those facilities designated in the Bucks County Municipal Waste Management Plan.
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 Nockamixon Township without prior approval from the municipality.
A. 
All collectors or waste haulers operating within Nockamixon Township must comply with the following minimum standards and regulations:
(1) 
All trucks or other vehicles used for collection and transportation of municipal waste and/or source-separated recyclable materials must comply with the requirements of Act 97 and Act 101, including Title 25 Pa. Code Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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 who or 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.
B. 
All collection vehicles and equipment used by licensed collectors or licensed waste haulers shall be subject to inspection by the Nockamixon Township or its authorized agents at any reasonable hours without prior notification.
A. 
No person shall collect or remove and then subsequently haul or transport any municipal waste or source-separated recyclable material through or upon the streets of Nockamixon Township without first obtaining a waste flow control license in accordance with the provisions of this article. This section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste or recyclables to county-designated facilities, nor to farmers, landscapers or nurserymen who collect, remove, haul or otherwise transport agricultural or other organic waste associated with their respective business activities.
B. 
All collectors and waste haulers shall be licensed by Nockamixon Township and designated as a "licensed waste hauler" or a "licensed collector."
C. 
As a condition of acquiring and maintaining a license to operate within the municipality, each licensed waste hauler or collector shall dispose of all municipal waste at a facility or facilities designated by the municipality from the list of designated facilities in the Bucks County Municipal Waste Management Plan. Noncompliance with this subsection shall be grounds for revocation of a waste hauling company's license to collect waste in the municipality.
D. 
Any person who desires to collect and subsequently haul or transport municipal waste and/or source-separated recyclables within Nockamixon Township shall submit a waste flow control license application and any application fee to the municipality or its designated licensing representative. Any collector or waste hauler operating within the municipality as of the effective date of this article must apply for and be issued a waste flow control license in order to continue to operate within the municipality. Subsequent to initial licensing, any licensed collector or waste hauler possessing an existing license shall submit a license renewal application and fee to Nockamixon Township at least 45 days prior to the expiration date of the existing license, if renewal of the license is desired. New license applicants must submit a license application and fee at least 45 days before beginning collecting and transporting municipal waste and/or source-separated recyclables in the municipality. The municipality shall have 45 calendar days to review any application and take approval or denial action. If the municipality fails to take action within 45 days, the application will be deemed to be approved.
E. 
The license fee, not to exceed $100 per waste hauling company, shall be set by the Board of Supervisors of Nockamixon Township on an annual basis. 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 a calendar year.
F. 
The waste flow control license application form, which will be supplied by the municipality, shall set forth minimum information required to establish the applicant's qualifications for a license to collect and transport municipal waste and/or source-separated recyclables, including but not 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, as a minimum, the following information for each vehicle: identification information for each vehicle (such as vehicle license number, vehicle registration number and company identification number); date and location of most recent vehicle inspection; and hauling capacity of the vehicle.
(4) 
Type of municipal waste or source-separated recyclable material to be collected and transported,
G. 
Certificate(s) of insurance must accompany the application form as evidence that the applicant has valid liability, automobile and workmen's compensation insurance in the minimum amounts established and required by separate resolution of the governing body of 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 licensed collectors or licensed waste haulers are also subject to, as a condition of licensing, the provisions of §§ 180-34 and 180-38 of this article.
J. 
All licensed collectors or waste haulers shall meet the requirements of Act 97, Act 101, the Bucks County Municipal Waste Management Plan, all DEP rules and regulations (25 Pa. Code Chapter 285) and any applicable Bucks County Department of Health regulations regarding storage, collection and transportation of municipal waste and source-separated recyclable materials, including provisions for proper labeling of collection and transfer vehicles.
A. 
All licensed collectors and licensed waste haulers shall promptly report any significant changes in the collection vehicles or equipment covered under the license and any changes in insurance coverage to the municipality.
B. 
All licensed collectors and licensed waste haulers shall maintain current, up-to-date records of the collected municipal waste and/or source-separated recyclable material within Nockamixon Township. Such records and collected volume reports shall be subject to review by and made available to the municipality or its authorized agents upon written request.
C. 
All licensed collectors and licensed waste haulers operating within Nockamixon Township shall participate in the Bucks County Municipal Waste Documentation Program. Said program shall be developed and put into operation by the county for the purpose of documenting the origin of municipal waste and source-separated recyclable material and the ultimate disposal point of said waste and recyclables. As part of the program, each licensed collector and licensed waste hauler shall prepare and submit a semiannual report to Nockamixon 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 municipal waste and source-separated recyclable materials collected from all sources within the municipality during each month of the reporting period;
(2) 
Name of each processing and/or disposal facility used during the reporting period and total weight of municipal waste and/or source-separated recyclable materials delivered to each facility during each month of the reporting period; and
(3) 
Any other information determined to be necessary during the development and implementation of the Bucks County Municipal Waste Documentation Program.
D. 
All semiannual reports submitted to the municipality from licensed collectors and licensed waste haulers shall be submitted by the municipality to the county by August 31 (covering January through June) and by February 28 of the following year (covering July through December).
A. 
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice 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 30 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.
[Amended 1-9-2001 by Ord. No. 101]
B. 
Nockamixon Township 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 waste hauler for any of the following causes:
(1) 
Falsification or misrepresentation of any statements in any license application;
(2) 
Lapse or cancellation of any required insurance coverages;
(3) 
Collection and/or transportation of any municipal waste or source-separated recyclable material in a careless or negligent manner or any other manner that is not in compliance with the requirements of this article, Bucks County Department of Health regulations and/or any applicable federal, state or local regulations;
(4) 
Transportation and disposal of any municipal waste collected within the municipality to any site that is not a designated facility in the Bucks County Municipal Waste Management Plan or that is not properly permitted by the Pennsylvania DEP;
(5) 
Failure to dispose of municipal waste or source-separated recyclables at the facility(ies) stated in the license application; and
(6) 
Violation of any part of this article, any other applicable county or municipal ordinances, the Bucks County Municipal Waste Management Plan or any applicable Pennsylvania laws or regulations.
Nockamixon Township 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 article.