Lower Allen board upholds denial of resident’s recyclable/scrap-hauler permit

The Lower Allen Township Board of Commissioners on Sept. 22 affirmed the township's decision to deny a renewal of a recyclable/scrap-hauler registration sought by resident and recycler Michael Duca.

The hearing officer, Mike Picos, opened the appeal and received testimony from Mr. Duca, Captain Douglas Boltz of the Lower Allen Police Department, Township Manager Rebecca L. Davis and Environmental Programs Manager Barbara Arnold. The board moved to affirm the manager's decision under Chapter 180 of the township code and directed staff to prepare formal findings and conclusions to be mailed to the applicant.

The applicant said he collects small-volume scrap items patio chairs, grills, bicycles and small electronics on limited routes, taking materials to local processors. "I like to think that I do more than just pick up scrap metal," he told the board, describing occasional overnight pickups and work he said was intended to keep neighborhoods clean and return reusable bicycles to the community.

Township witnesses described a different legal and factual frame. Captain Boltz summarized a police stop on May 1 at about 2:58 a.m. in which an officer saw Mr. Duca apparently going through curbside receptacles; a citation was issued. The captain also explained that Mr. Duca's prior permit contained conditions prohibiting the collection of items included in the curbside household recycling program and prohibiting any collection between 11 p.m. and 7 a.m.

Manager Davis and staff focused on the township's current contract with the municipal hauler. Davis read contract language that grants the successful bidder 'the exclusive right and privilege of collecting, removing, and disposing of all refuse and household recyclables' for participating residential units, and said Pen Waste informed the township in a company letter that it did not authorize third-party collection. "To my knowledge, Pen Waste has not granted any kind of authority to anyone to collect," Davis said, citing the contract and a Pen Waste letter in the record.

Barbara Arnold told the board the township applies annually for the Act 101 municipal recycling performance grant (grant number 904), which is based on curbside tonnage reported by the municipal hauler. Arnold said that grant returns in recent years have ranged "anywhere from $42,000 to $47,000 per year" and warned that third-party collection of curbside materials could impair the township's grant reporting and funding.

Township counsel summarized the evidence in closing and asked the board to uphold the denial, arguing issuance of a competing permit would breach the exclusive hauler contract and place township grant revenue at risk. After a brief recess, the board voted to affirm the manager/solicitor decision to deny the renewal request; the chair said a written decision with findings will be issued to the applicant.

The board's action leaves in place the township's exclusive hauler contract and the conditions the township said are needed to preserve grant eligibility and contractual obligations. Commissioners expressed regret at denying the permit while commending Mr. Duca's civic intentions.

What happens next: The board will issue written findings and conclusions of law to the applicant by mail; the transcript and record can inform any judicial appeal or administrative review available to the applicant.