Application for a permit shall be made upon a form supplied by the Township. The Township reserves the right not to issue or, if issued, to revoke a permit for every truck whose condition is not in compliance with §§ 82-11 and 82-12 hereof or for a container whose condition is not in compliance with § 82-13 hereof.
No truck shall be operated for the collection of waste and no container shall be placed for the collection of waste within the township unless each such truck and each such container prominently displays the permit issued by the township. The fee for each permit shall be as set forth in the Township Schedule of Fees ¦. Each registered collector will be entitled to a permit for each truck operated in the township and container placed in the township for use by a customer to deposit waste for collection.
4 Section 82-8.1 of the Code provides, in pertinent part: (Continued.) No person shall operate as a collector within the without first having registered as such for the current calendar year with the Director of Health. KELLEY, Senior Judge OPINION BY SENIOR JUDGE KELLEY FILED: MaThe Township of Lower Merion (Township) appeals from the order of the Court of Common Pleas of Montgomery County (trial court) entering declaratory judgment in favor of the Pennsylvania Independent Waste Hauler s Association (Association)1, and declaring that the Township was without authority, under the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101)2 and the Waste Transportation Safety Act (Act 90)3, to enforce the licensing and inspection provisions of Sections 82-8.14, 82-115, 82-126 and 82-137 of the 1 The Association is composed of a number of small, independently owned commercial waste haulers that conduct business in several municipalities in Pennsylvania including the Township. 2004 Argued: NovemHONORABLE BONNIE BRIGANCE LEADBETTER, Judge HONORABLE MARY HANNAH LEAVITT, Judge HONORABLE JAMES R. Township of Lower Merion, Appellant BEFORE: : : : : : : : No.
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Pennsylvania Independent Waste Haulers Association v.
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