(1) Definitions. In this Section the following definitions apply:

(a) Refuse. All discarded waste materials, consisting of the following:

(.1) Garbage. The organic residue of both animals and vegetable matter which results from the preparation and consumption of food, and including small dead animals.

(.2) Waste: Combustibles. Material which burns upon contact with a flame under normal conditions, including carpets, containers, excelsior, furniture, leather, linoleum, mattresses, oilcloth, paper and paper products, rags, shrubbery, Christmas trees, wallpaper, wearing apparel, and similar materials.

(.3) Waste: Non-combustibles. Materials which cannot be incinerated, including ashes, bottles, broken glass, cans, crockery, floor sweepings, masonry, metals, yard dirt and similar materials.

(b) Department. Department of Streets.

(c) Municipal Waste.^[479] 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 in the Pennsylvania Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source separated recyclable materials.

(d) Private dump or landfill. Real property in or upon which refuse is deposited, other than when operated by the City.

(e) Recyclable Materials. Materials which would otherwise become solid waste that can be reprocessed and returned to the economic mainstream as raw materials or products.^[480]

(f) Recycling. Any process by which recyclable materials are reprocessed and returned to the economic mainstream as raw materials or products.^[481]

(g) Dumpster.^[482] Any container for refuse or recyclable materials including a trash compactor used in the course of doing business to store refuse with a gross volume of more than one (1) cubic yard used by any person licensed pursuant to this Section in the conduct of licensee’s business.

(h) Debris. Any material resulting from the demolition, construction, rehabilitation, or renovation of any structure, including stones, bricks, rocks, concrete, gravel or earth.

(i) Garbage disposal unit. Any mechanical or powered device used to reduce food waste other than grease so that it can be discharged into the sewer system of the City or into cesspools and septic tanks.

(j) Grindable garbage. Garbage which can normally be disposed of by the use of a garbage disposal unit.

(k) Residual Waste.^[483] Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, waste water treatment facility or air pollution control facility, provided that it is not hazardous.

(l) Source Separated Construction/ Demolition Scrap Metal.^[484] Scrap metal originating from construction or demolition operations that has served its intended use and has not been commingled with any type of waste or other construction/ demolition material.

(2) Dispose of Refuse.^[485] No person shall dispose of any refuse upon or in any site within the City unless such site is certified or authorized as a dump or landfill under Section 14-1601 hereof or any successor provisions thereto.

(3) City Disposal Plants and Sites.^[486]

(a) The Department may receive any refuse for disposal in City disposal plants, landfills or other disposal sites when the origin of the refuse is within the City.

(b) The charge for receiving refuse at City plants, landfills or other disposal sites shall be ninety dollars ($90.00) per ton or any fraction thereof; except that no charge shall be made with respect to the first one hundred (100) tons of refuse received during any fiscal year from any religious institution or an institution of purely public charity when such refuse is hauled by vehicles owned and operated by said institutions.^[487]

(.1) Bills shall be prepared by the Department, payable to the Department of Collections.

(c) City dumps, landfills and disposal sites shall comply with the regulations of the Department of Public Health for private dumps, landfills and disposal sites.

(4) Contracts for Garbage Collection.^[488]

(a) Contracts for the collection and disposal of garbage may be entered into by the Department pursuant to the provisions of Chapter 17-100.

(b) No contract shall be awarded to any garbage collector unless he has obtained a license pursuant to § 9-604(4).

(c) All contracts for the collection and disposal of garbage shall be subject to the following provisions:

(.1) The contract garbage collector shall comply with regulations issued by the Department dealing with the collection, removal and disposal of garbage.

(.2) The contract garbage collector shall indemnify the City against all claims, demands, suits or causes of action for injuries to persons or property arising from, growing out of or incident to the collection, removal and disposal of garbage.

(d) The Department may include in these contracts other provisions to protect the interests of the City.

(e) The Department may require contract garbage collectors to maintain adequate public liability and property damage insurance.

(f) The Department shall supervise the performance of the collectors under these contracts.

(5) Private Garbage Collection.^[489]

(a) No person shall collect or transport garbage unless he has obtained from the Department of Licenses and Inspections a Garbage Collection License and, for each vehicle so used, a Collection Vehicle License, pursuant to Section 9-604(8).

(b) No Garbage Collection License shall be issued unless the applicant:

(.1) complies with the provisions of The Philadelphia Traffic Code, Title 12;

(.2) pays an annual license fee of fifty (50.00) dollars for the Garbage Collection License;^[490]

(.3) obtains a Collection Vehicle License for each vehicle used for collecting of garbage, pursuant to Section 9-604(8).

(c) All licenses shall be conditioned upon continued compliance with Section 9-604(5)(b) and Section 9-604(8) and the regulations of the Department.

(d) In addition to any other penalty or sanction as provided by this Title, the Department of Licenses and Inspections may, pursuant to Section 9-103, revoke the Garbage Collection License of a garbage collector who violates any condition of his license.

(6) Private Waste Collection.^[491]

(a) No person shall collect or transport Municipal or Residual Waste unless he has obtained from the Department of Licenses and Inspections a Waste Collection License and, for each vehicle so used, a Collection Vehicle License pursuant to Section 9-604(8).

(b) No Waste Collection License shall be issued unless the applicant:^[492]

(.1) agrees to comply with the regulations of the Streets Department;

(.2) complies with the provisions of The Philadelphia Traffic Code, Title 12;

(.3) pays an annual license fee of $50.00 for the Waste Collection License;^[493]

(.4) obtains a Collection Vehicle License for each vehicle used for collecting of Municipal and/or Residual Waste, pursuant to Section 9-604(8);

(.5) supplies adequate assurances and guarantees that recyclable materials separated at curbside or other pick-up location as required by Section 10-717 will be disposed of in a manner that results in their recycling.^[494]

(.6) Maintains a current list of all Regulated Premises served by the applicant. Such list shall be submitted to the Philadelphia Recycling Office pursuant to regulations of the Department and shall be available for inspection by the Department of Licenses and Inspections or the Department of Streets upon request during normal working hours.

(c) All licenses shall be conditioned upon continued compliance with Section 9-604(6)(b) and Section 9-604(8) and the regulations of the Department.

(d) In addition to any fine or other sanction as provided by this Title, the Department of Licenses and Inspections may, pursuant to Section 9-103, revoke the Waste Collection License of a refuse collector who violates any condition of the license.

(7) Recyclable Material Collection.^[495]

(a) No person shall collect or transport Recyclable Material unless he has obtained from the Department of Licenses and Inspection a Recyclable Material Collection License. One Recyclable Material Collection License shall be valid for all vehicles leased or owned by any person or company issued said license. No Recyclable Material Collection License shall be required for an individual or company’s (1) vehicles used to transport Source Separated Construction/Demolition Scrap Metal, or (2) vehicles with a gross vehicle weight of less than six thousand (6,000) pounds used to transport Source-separated Recyclable Material provided that the hauler is not compensated for transportation and the hauler delivers the Recyclable Material to a destination that has agreed to report to the City the type and amount of Recyclable Material delivered by the hauler.

(b) No Recyclable Material Collection License shall be issued unless the applicant:

(.1) furnishes the information with regard to his proposed activity required by the Department of Licenses and Inspections and Streets Department and agrees to comply with the regulations of the Streets Department;

(.2) complies with the provisions of The Philadelphia Traffic Code, Title 12;

(.3) pays an annual fee of $50.00 for the Recyclable Material Collection License;^[496]

(c) The Recyclable Material Collection License shall consist of a validated license bearing the name and address of the licensee.

(d) The Recyclable Material Collection License shall be conditioned upon continued compliance with Section 9-604(7) and the regulations of the Department.

(e) No recyclable collector shall collect recyclable material which has been deposited at a location designated as a City drop-off site or as part of a community organized recycling program unless by written arrangement with the community organization.

(f) No recyclable collector shall leave any vehicle loaded with recyclables or waste unattended or parked on any City street overnight.^[497]

(g) In addition to any fine or other sanction as provided by this Title, the Department of Licenses and Inspections may, pursuant to Section 9-103, revoke the Recyclable Material Collection License of a Recyclable Material collector who violates any provisions of this Section or any condition of his license.

(h) Nothing in this Subsection 9-604(7) shall require community organizations which operate neighborhood clean-up activities or persons collecting Recyclable Materials without the use of a truck, rail car or ship to obtain a Recyclable Material Collection License, or shall otherwise restrict such activities.

(8) Collection Vehicle License.^[498]
(a) The owner or operator of each vehicle used for collection or transportation of Municipal and/or Residual Waste in the City must secure and display an annual Collection Vehicle License issued for each such vehicle by the Department of Licenses and Inspections.

(b) The Collection Vehicle License shall be valid for a single calendar year.

(c) One or more Collection Vehicle Licenses may be issued to a single applicant for a fee of sixty (60) dollars per vehicle.

(d) No Collection Vehicle License shall be issued for a vehicle unless the applicant provides:

(.1) a copy of a valid state motor vehicle registration certificate for such vehicle.

(.2) a copy of a certificate of insurance for public liability and property damage for the current year for such vehicle, in an amount not less than is required by the Commonwealth of Pennsylvania for public liability, in an insurance company approved by the State Insurance Department.

(.3) a description of vehicle type and certification of knowledge of and compliance with regulations of the Streets Department establishing private waste collection vehicle standards.

(.4) the name and location of all disposal facilities to which Municipal and/or Residual Waste is to be taken.

(.5) certification of knowledge of and compliance with applicable reporting requirements of haulers of Municipal and/or Residual Waste pursuant to regulations adopted by the Streets Department.

(e) A licensee must notify the Department of Licenses and Inspections within ten (10) days of any transfer or assignment in possession or ownership of such vehicle, any change of insurance company providing insurance for such vehicle, and any changes made in the names and locations of disposal facilities used by such vehicle, as provided pursuant to Section 9-604(8)(d)(.4). The owner or operator of each licensed vehicle must maintain all disposal contracts and tipping receipts for two years and make such documents available for inspection by the Department of Licenses and Inspections or the Department of Streets upon request during normal working hours.

(f) The Collection Vehicle License number shall be printed or permanently affixed by the licensee to the left side of the licensed vehicle, on the outside of the cab door.

(g) A Collection Vehicle License shall not be transferred, assigned or altered.

(h) In addition to any other penalty or sanction as provided by this Title, the Department of Licenses and Inspections may, pursuant to Section 9-103, revoke the Collection Vehicle Licenses and/or any other license issued under this Section of any person who violates any provision of this subsection 9-604(8).

(9) Reporting Requirements.^[499]

(a) Any person who holds a Garbage Collection License, a Waste Collection License, or a Recyclable Material Collection License shall make reports, at periods and in the detail specified by regulations of the Department, as to the type, amounts, source and destination of material handled.

(10) Dumpsters.^[500]

(a) Every person licensed pursuant to this Section who owns, rents or controls dumpsters used for the storage of refuse shall:

(i) Only use dumpster units that are constructed of fire resistive metal, the lids of which are securely attached to the body of the dumpster and when closed, form a secure seal. The lid(s) must be securely closed immediately after the unit is emptied. There shall be no holes in the bottom of the dumpster except for a drainage hole, which must be kept plugged when dumpster is not being cleaned.

(ii) Place and maintain on the outside of each dumpster, in legible letters and numerals not less than one (1) inch in height, the licensee’s name, or the company logo of the licensee and telephone number and a unique number for each dumpster for identification purposes.

(iii) Keep all dumpster units well painted, in good repair, free of offensive odors and clean. All dumpster units placed in the public right of way shall be cleaned and sanitized no less than once every six (6) months or more often, if either the Department of Public Health, Fire, Police, Streets, or Licenses and Inspections so instruct, at a location approved by the Streets Department.

(iv) Maintain a ledger or log of all cleanings which record shall be subject to inspection by the Departments of Public Health, Fire, Police, Streets, or Licenses and Inspections.

(v) Notify customers of the legal responsibilities of persons licensed pursuant to Section 9-604.

(vi) Only place dumpsters on City cartways or roadways, sidewalks or public alleyways if the customer for whom the refuse is being collected produces a valid license issued by the Department of Licenses and Inspections after approval by the Streets Department. If a dumpster is found in an unlicensed location, there shall be a presumption that the person licensed pursuant to this Section (private waste collector) knew that the location of the dumpster was unauthorized.

(vii) Post a bond or such other security as may be required for those dumpsters located on the public right of way to ensure compliance with this legislation in an amount to be determined by regulation of the Streets Department.

(b) The appropriate City department shall promulgate such other rules or regulations as it deems desirable to implement this Section.

(c) The provisions of this Subsection, with the exception of (7)(a)(ii), shall not apply to dumpsters used exclusively for the collection of construction and demolition debris.
(11) Penalties and Forfeitures.^[501]

(a) Except as otherwise set forth in this subsection 9-604(11), the penalty for violation of any provision of this Section shall be as set forth in Section 9-105.

(b) The penalty for violation of any provision of subsection 9-604(10) shall be a minimum fine of one hundred (100) dollars and no more than three hundred (300) dollars for each violation, or such equitable remedy as the Court may deem proper, including, without limitation, an order to remove or clean the dumpster.

(i) Each day a violation continues or is permitted to continue shall constitute a separate offense for which a separate penalty may be imposed.

(ii) All fines and costs imposed by the Court shall be entered as a judgment against the violator.

(iii) Anyone who fails to abate a violation within thirty (30) days of being found liable under this Subsection shall have his or her license issued pursuant to this Section revoked for a period of five (5) days and shall immediately be permitted to reapply for a new license.

(c) In addition to any fine or penalty which may be imposed for violation of subsection 9-604(10), the Streets Department, through the "Streets and Walkway Environmental Enforcement Program ("SWEEP"), may enter an order requiring the person licensed pursuant to this Section to move the dumpster to a licensed location or to remove it within ten (10) days and providing for removal by the Streets Department at the expense of the person licensed pursuant to this Section in the event of non-compliance. If the identity of the owner of the dumpster cannot be ascertained, notice may be affixed to the dumpster.

(d) Each day of continued violation of any provision of this Section 9-604 constitutes a separate violation upon which the maximum fine may be imposed.

(e) A person whose Garbage Collection License, Waste Collection License, Recyclable Material Collection License, or Collection Vehicle License has been revoked, except pursuant to subsection 9-604(11)(b)(iii), may not reapply for any such new license for a period of one (1) year from the time of the first revocation, for a period of two (2) years from the time of the second revocation, and for a period of five (5) years from the time of the third and subsequent revocations.

(f) Any contractor or vendor doing business with the City of Philadelphia who violates Section 9-604(2) hereof, or any successor provision thereto, shall forfeit his right to payment due on any contract with the City in an amount not to exceed the City’s estimate of the cost of proper removal and disposal of the illegally disposed refuse.^[502]

(i) Any person aggrieved by such an order may file an appeal within ten (10) days of issuance of the order to the Licenses and Inspections Board of Review.

(ii) An appeal shall stay any enforcement action unless the dumpster poses an immediate danger to the health or safety of the general public, in which case the Department may remove the dumpster on an emergency basis.

(iii) A person who fails to appeal or who loses an appeal may recover the dumpster upon payment to the Streets Department of the cost of storage and removal.