1060.07   LICENSING AND REGULATION OF WASTE HAULERS.
   The following provisions shall apply to Municipal waste haulers and to non-municipal waste haulers within the Township:
   (a)   Application for License. Each waste hauler shall submit an application on a form prescribed by the Township, paying a fee of five hundred dollars ($500.00) for such application and two hundred fifty dollars ($250.00) for any renewal. A further annual inspection fee shall be paid in the amount of fifty dollars ($50.00) per vehicle used for waste disposal, recycling or composting, or any combination thereof, within the Township. The application must be fully completed. Any omission or incorrect information shall serve as a basis for denial of an application or license revocation, and any hauler so denied shall be ineligible for a period of one year for reapplication.
   (b)   License. A license shall be issued for a period of one year to each licensed waste hauler upon the submission of a completed application and the qualification of vehicles and equipment following inspection, the execution of an indemnification agreement and the provision and verification of insurance. Such license shall be subject to renewal each year upon provision of the same information and re-inspection of each vehicle and receptacle as required for an original application.
   (c)   License Revocation and Non-Renewal. A licensee shall have the opportunity to cure violations involving spillage within twenty- four hours’ notice of a violation being issued and within seventy-two hours for all other violations. Three uncured violations or five violations, whether cured or uncured, involving any type of violation, shall serve as a basis for revocation. Any proposed licensee shall be ineligible for a minimum of one year, or a longer period if specified, from license eligibility. The licensee must notify, in writing, all customers of a license revocation or non-renewal.
   (d)   Vehicle and Equipment Inspection. Each vehicle shall be inspected by the Township or its designee at a location designated by the Township. No vehicle, including chassis and major components, shall be older than five years. All vehicles shall be painted, and no vehicle shall have primer or undercoating visible. Each vehicle shall bear the name, address and telephone number of the hauler and a truck number of not less than six inches in size in three locations, on both sides of the fender and on the back of the dump body. Each vehicle shall bear on its driver's side door a decal issued by the Township with a date included for last inspection. All vehicles shall be demonstrated, at the time of inspection, to be in good working order and shall be maintained in good working order pursuant to regulations issued by the Department of Public Services. All dumpsters shall have operable covers and be in good condition without dents or loose parts and shall be fully painted, covering all bare metal, primer and rust. Dumpsters and receptacles shall be placed in properly designated and authorized areas for receptacles as determined by the approved site plan for the location or, in the event no site plan is required to be filed, at locations as determined by the Township. Dumpsters shall be positioned and maintained so that the name and address of the licensee is clearly visible.
   (e)   Route List. Upon license issuance and prior to commencement of service, a customer route list shall be provided to the Township, which shall be organized by the nature of pick-up locations, including residential, commercial and industrial, and by the nature of the pick-up, including dumpster or bag pick-up, setting forth the number and size of dumpsters, and providing the name and address for each pick-up location. Prior to terminating service or commencing service at any location, the list shall be updated and submitted to the Township. This route list information shall be submitted by document and computer disk formatted to be compatible with the Township data processing system.
   (f)   Insurance. All vehicles and equipment of a licensee shall be insured for claims resulting from injuries associated with providing hauling services in the form of comprehensive, property, personal injury and bodily injury coverage with a minimum coverage of one million dollars ($1,000,000) per person and three million dollars ($3,000,000) per occurrence. The Township shall be named as an additional insured primary non-contributory. Certificates of insurance and insurance policies shall be delivered to the Township Clerk. Such coverage shall provide that coverage shall not be subject to cancellation prior to thirty day notice to the Township.
   (g)   Indemnification. Each hauler shall execute an indemnification agreement on a form provided by the Township in favor of the Township and its residents against claims arising from the manner in which waste is hauled and disposed of.
   (h)   Geographic Route Restrictions. Each hauler shall comply with restrictions in the geographic region and days of pick-up in each geographic region as periodically designated by the Township, including holiday pick-up.
   (i)   Pick-up Times. No solid waste, recycling or composting shall be picked up prior to 7:00 a.m. nor later than 7:00 p.m.
   (j)   Recycling, Composting and Bulky Item Pick-Up. Each hauler shall offer recycling and composting for each business and household, including single-family, condominium and multiple residential customers. Recycling offered for single-family, condominium and multiple residential customers shall be by curb-side sorting, utilizing plastic curb-side bins as approved by the Township. Curb-side bins shall be provided by each hauler. Composting services shall be offered commencing April 1 and concluding December 1 of each year, or as determined by the Director of Public Services. Each hauler shall comply with regulations issued by the Township for recycling and composting. Uniform pricing shall be established and charged to all single-family residential, condominium and multiple-residential customers eligible to receive curb-side pick-up, whether or not recycling or composting is utilized by such customers, except that composting services for multiple, residential and non- detached condominiums is excluded. Bulky item pick-up must be provided for large items such as washing machines, dryers, water heaters and similar refuse, the cost of which shall be included as part of the uniform pricing, whether or not this service is utilized by customers. Freon and bulky items shall be removed in compliance with applicable laws by the hauler.
   (k)   Receptacle Location and Maintenance. Any receptacles utilized for waste disposal services, including dumpsters and roll-off boxes, shall be maintained free of dents and in operable condition and shall be painted covering all primer, metal and rust, and shall bear the name and address of each hauler on the front of each receptacle. Overfilling of dumpsters, as determined by the Township, occurring on two or more occasions within any sixty-day period, shall be conclusive evidence of an insufficient number of dumpsters or pick-ups. Haulers and site generators are jointly and severally liable for providing an adequate number and size of receptacles and frequency of pick-up. Receptacles shall be placed only in properly designated and authorized areas for receptacles as determined by any filed site plan and where no filed site plan is on record by the Township.
   (l)   Vehicle Weight. All vehicles used for waste hauling, composting and recycling shall comply with all applicable weight restrictions. All licensed haulers shall consent at any time to the inspection and weighing of any vehicle used for waste disposal by the Township.
   (m)   Disposal Site. The location for waste disposal shall be provided, as well as verification of the licensing of such disposal facility. Requested verification that waste is being disposed of at such disposal site shall be furnished to the Township. Insurance by a Best A-rated company or better, naming the Township and its residents, subject to cancellation only upon thirty days written notice to the Township, shall be provided in an aggregate annual amount of fifteen million dollars ($15,000,000) insuring against any claims arising as a result of the disposal of waste.
   (n)   Ownership of Waste Recycling and Composting Materials. Upon placement at curb-side by any customer, non- hazardous solid waste, recyclables and composting shall be deemed to be owned and controlled by the waste hauler. Waste generators remain responsible for avoiding spills and cleaning up spills other than those caused by the hauler.
   (o)   Hazardous Waste. Each hauler shall provide, in writing, to each customer procedures by the hauler for the disposal of hazardous household solid waste, such as paint, batteries and other household products containing hazardous materials.
(Ord. 326. Passed 2-22-99; Ord. Unno. Passed 12-2-02; Ord. 422. Passed 5-31-16.)