[HISTORY: Adopted by the Borough Council of the Borough of
Manheim 11-29-2016 by Ord. No.
653;[1] amended in is entirety 7-26-2022 by Ord. No. 675. Subsequent
amendments noted where applicable]
[1]
Editor's Note: This ordinance also superseded former Ch. 184, comprised of Art. I, Service Charges, adopted 12-16-1986 by Ord. No. 497 (Ch. 20, Part 2, of the 1992 Code), as amended, and Art. II, Collection and Disposal, adopted 10-29-1991 by Ord. No. 521 (Ch. 20, Part 1, of the 1992 Code), as amended.
Any term, if not defined in this article, shall have the meaning
as from time to time set forth in the Lancaster County Solid Waste
Management Authority (LCSWMA) Rules and Regulations. In addition,
as used in this article, the following terms shall have the following
meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as now or hereafter amended.
All food and beverage cans made of the light-in-weight, ductile
and malleable metallic substance or element commonly known as "aluminum."
This description excludes aluminum foil, trays, plates and miscellaneous
aluminum products.
Bags which LCSWMA makes available to generators of municipal
waste and which shall be used as disposal containers for batteries
which are generated in households.
October 1, 1991, the date upon which the municipality's
mandatory recycling program and the contract collection services began.
Events that are sponsored by public or private agencies or
individuals, including, but not limited to, fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
The agreement between the Borough of Manheim and a licensed
hauler under which collection services are to be provided to units
of occupancy for contract waste and for recyclable materials.
Those portions of regulated municipal waste which are to
be collected and disposed of under the contract. Contract waste consists
exclusively of refuse and oversized refuse items.
The person providing municipal contract waste and designated
recyclable materials collection services under the municipal contract.
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
The correct location for the placement of refuse containers
and recycling containers for the purpose of collection by the contractor,
which shall be:
Those source-separated recyclable materials designated in § 184-5 of this article.
Any contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or recyclable
materials generated or located within the municipality, which:
Refuse containers which are in excess of the three refuse-containers-per-collection-site
limit.
A label which must be affixed to tires, white goods, oversized
refuse items, yard waste and extra refuse containers in order for
such items to be collected by the contractor.
Any specific site designated by LCSWMA (or approved by LCSWMA)
as the specific place or site to which solid waste or source separated
recyclable materials, or any portion of solid waste or source separated
recyclable materials, must or may be delivered; or in the absence
of a specific site being designated by LCSWMA, any approved site for
the delivery of any category of solid waste or source separated recyclable
materials.
A person who produces or creates any solid waste.
Garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining or agricultural
operations, and from community activities, or a combination of these
factors, which because of its quantity, concentration, or physical,
chemical or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or morbidity in either an individual or the total population; or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
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The term does not include a) coal refuse as defined in the Coal
Refuse Disposal Control Act (52 U.S.C.A. §§ 30.51-30.62),
b) treatment sludges from coal mine drainage treatment plants, disposal
of which is being carried on under and in compliance with a valid
permit issued under the Clean Streams Law (35 P.S. §§ 691.1691.1001),
c) solid or dissolved material in domestic sewage, d) solid dissolved
materials in irrigation return flows, e) industrial discharges which
are point sources subject to permits under Section 402 of the Federal
Water Pollution Control Act (33 U.S.C.A. § 1342), or f)
source, special nuclear, or by-product material as defined by the
Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).
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All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
A portion of municipal waste that would be considered hazardous
under Act 97 but for the fact that it is produced in quantities smaller
than those regulated as hazardous waste under Act 97 and is generated
by persons not otherwise covered as hazardous waste generators by
Act 97. Household hazardous waste includes the following materials
and other materials of a similar nature:
Anti-freeze;
Batteries;
Chlorinated hydrocarbons;
Fluorescent light bulbs and other mercury-containing devices;
Gasoline and kerosene;
Grease and rust solvents;
Oven, toilet and drain cleaners;
Paints, rust preventatives, stains and wood preservatives;
Pesticides, fungicides, herbicides, insecticides, rodenticides,
roach and ant killers;
Photographic and pool chemicals;
Thinners, solvents and furniture strippers;
Transmission and brake fluids;
Used oil or other hydrocarbon based lubricants; and
Wood, metal, rug and upholstery cleaners and polishes.
Lancaster County Solid Waste Management Authority, a municipal
authority organized and existing under the Municipal Authorities Act
of 1945, as amended.
Any facility owned or operated by or on behalf of LCSWMA.
A person who is in possession of all pertinent permits and
licenses which may be required by the municipality and LCSWMA for
the collection, transportation, storage or disposal of solid waste
or recyclable materials.
A form supplied by LCSWMA to be completed and signed by each
person who collects or transports solid waste or source separated
recyclable materials and which specifies, inter alia, a) the source,
type, quantity and delivery point for the solid waste or source separated
recyclable materials, b) the applicable license number and c) other
pertinent information.
A property with five or more units of occupancy.
The agreement between the municipality and a permitted collector
under which collection services are to be provided for municipal contract
waste and for designated recyclable materials.
Those portions of regulated municipal waste which are to
be collected and disposed of under the municipal contract. Municipal
contract waste consists exclusively of refuse and oversized refuse
items.
The Borough of Manheim.
The rules and regulations adopted and revised from time to
time by the municipality which govern and pertain to the municipality's
recycling program and the collection, storage or transportation of
regulated municipal waste within the municipality.
Nonprocessable waste is a portion of municipal waste consisting
of materials which cannot be handled by LCSWMA's normal processing
or disposal methods. Nonprocessable waste includes items greater than
six feet in any dimension such as mattresses, large furniture and
recreational vehicles. Nonprocessable waste (oversized) may consist
of large auto parts, machines, and any other items deemed appropriate
by LCSWMA.
All commercial, municipal and institutional establishments,
all community activities and all farms, excluding residential units.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
Refuse which will not fit into refuse containers but which
is not bulky waste, including small furniture, carpet, and the like,
but excluding tires and white goods.
A person who is in possession of all pertinent permits and
licenses which may be required by a) the municipality and b) LCSWMA,
for the collection, storage or disposal of solid waste or recyclable
materials.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Recyclable plastics consist of containers with a neck, which
are primarily: #1 PETE (such as soda and water bottles) and #2 HDPE
(such as milk, spring water, and detergent bottles).
An individually deeded parcel with its own tax parcel ID
number.
A portion of municipal waste consisting of organic waste
materials which due to biological decomposition are, or have a tendency
to be, rotten, foul, or odorous, including dead animals and spoiled
foods, but not including sludge.
Any material which would be regulated municipal waste but
for source separation and which will be processed into raw materials
or products which are beneficially reused.
The separation, collection, recovery and sale or reuse of
metals, glass, paper, yard waste, plastics and other materials which
would otherwise be disposed of or processed as waste; or the mechanized
separation and treatment of solid waste and creation and recovery
of reusable materials or energy.
For residential units, the term "recycling container" shall
refer to a container purchased from the municipality or a container
substantially consistent with and similar to such container. For multioccupancy
units and nonresidential units, the term "recycling container" shall
refer to a receptacle which is constructed of plastic, metal or fiberglass
and has handles of adequate strength for lifting.
All regulated municipal waste, except the following categories
of solid waste:
A receptacle which is constructed of plastic, metal or fiberglass,
having handles of adequate strength for lifting and having a tight-fitting
lid capable of preventing entrance into the container by vectors;
or
A polyethylene bag which:
Is specifically designed for storage and collection;
Is protected against animal damage and overloading so as to
prevent littering or attraction of insects or rodents; and
Has a holding strength capable of withstanding normal stresses
until it is collected. With respect to residential units, the weight
of a refuse container and is contents shall not exceed 30 pounds nor
shall its capacity exceed 32 gallons.
Any solid waste generated or collected within the municipality
which is 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 which is not residual or hazardous waste from a municipal,
commercial or institutional water supply treatment plant, wastewater
treatment plant or air pollution control facility. The term does not
include designated recyclable materials or unacceptable waste.
Any single-family detached or, semidetached dwelling, townhouse
dwelling or a dwelling unit within a multiple-family dwelling.
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, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term does
not include a) coal refuse as defined in the Coal Refuse Disposal
Control Act[1] or b) treatment sludges from coal mine drainage treatment
plants, disposal of which is being carried on under and in compliance
with a valid permit issued under the Clean Streams Law.[2]
The uncontrolled or unauthorized removal of recyclable materials
from the curbside.
A system where certain recyclable materials acceptable at
a LCSWMA facility, consisting of corrugated cardboard, plastic bottles
and jugs with a neck, metal food and beverage cans, and glass bottles
and jars, as determined by LCSWMA's rules and regulations, are
collected and processed together.
Any waste, including but not limited to municipal, residual,
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
The process of separating or the separation of recyclable
materials from other solid waste at the location where generated for
the purpose of recycling.
The ferrous metal food or beverage containers commonly known
as "tin cans."
Any pneumatic rubber automobile, truck, or farm implement
tire.
The following types of solid waste are unacceptable waste
unless approved by LCSWMA on a case-by-case basis:
Chemotherapeutic waste;
Drums, barrels, buckets and paint cans unless lids have been
removed and interiors are cleaned and free of any residue;
Explosives and ordnance materials;
Gas cylinders, unless empty and delivered separate from other
solid waste;
Hazardous waste;
Infectious/pathological waste; and
Radioactive materials.
Any private dwelling, store, apartment unit, theater, manufacturing
plant, garage and any other building or part of a building not specifically
mentioned to which the Borough of Manheim supplies water and sewer
services and in or on which a meter for the measuring of the use of
water and sewer therein is located whether or not each individual
unit is metered. A building with eight apartments would be considered
to have eight units of occupancy. A building with a retail store and
two apartments would be considered to have three units of occupancy.
A building with an office, a repair business, and two apartments would
be considered to have four units of occupancy.
A portion of regulated municipal waste consisting of large
appliances, including the following: clothes washers, clothes dryers,
dishwashers, freezers, refrigerators, stoves, ovens, hot water heaters,
air conditioners, dehumidifiers, furnaces and electrical heaters.
All garden residues, grass clippings, shrubbery and tree
prunings less than one-quarter-inch in diameter, and similar material,
including leaves.
All persons and occupiers of units of occupancy within the municipality
shall source-separate designated recyclable materials.
Each person who owns or occupies a unit of occupancy, multioccupancy
property or nonresidential unit within the municipality shall ensure
that regulated municipal waste and designated recyclable materials
generated at such residential unit, multioccupancy property or nonresidential
unit are:
A.Â
For properties with four or less residential units of occupancy and
no nonresidential units of occupancy: Such properties will receive
services under the municipality's municipal contract for municipal
contract waste collection and disposal. Each person who owns or occupies
a unit of occupancy shall prepare designated recyclable materials
and contract waste for collection in accordance with the municipality's
policies and procedures. With respect to regulated municipal waste
which is not contract waste, persons who own or occupy such units
of occupancy may elect to provide proper collection and transportation
by either: themselves transporting such materials to a facility; or
utilizing a licensed hauler to collect and transport such materials
to a facility.
B.Â
For properties with at least one nonresidential unit of occupancy,
but that do not have more than four total units of occupancy (residential
or nonresidential): Such properties will receive services under the
municipality's municipal contract for municipal contract waste
collection and disposal unless the owner of such property requests,
in writing, approval to opt out of these services under the municipal
contract, provided that all units of occupancy on said property shall
be included in the request. Requests shall be made prior to October
1 of each year. Requests shall include documentation from the permitted
collector contracted by the person requesting such approval that the
permitted collector has been contracted by the person responsible
for such property.
(1)Â
For such properties which have been approved to not be part of the
municipal contract: Each person who owns or occupies such a property
shall provide proper collection and disposal for regulated municipal
waste and designated recyclable materials by utilizing a permitted
collector to collect and deliver such materials to a facility, and
shall provide documentation from the selected permitted collector
that the permitted collector has been contracted by the person responsible
for such property. This documentation shall be submitted annually
or at such time that a change in permitted collector occurs. Additionally,
each such person shall provide recycling containers at easily accessible
locations for source separation of designated recyclable materials;
provide written instructions to all persons occupying each unit of
occupancy to ensure that all designated recyclable materials are source
separated, and; provide collection and delivery of source separated
designated recyclable materials at a frequency of at least once per
week. Frequencies of once per every two weeks may be approved by the
Borough Manager if sufficient documentation is provided to demonstrate
that such frequency will not create a nuisance, and such approval
may be revoked at any time should conditions warrant.
(2)Â
For such properties which will be a part of the municipal contract:
Collection services for contract waste and for designated recyclable
materials shall be provided to the units of occupancy by the contractor.
Each person who owns or occupies a unit of occupancy shall prepare
designated recyclable materials and contract waste for collection
in accordance with the municipality's policies and procedures.
With respect to regulated municipal waste which is not contract waste,
persons who own or occupy units of occupancy may elect to provide
proper collection and transportation by either themselves transporting
such materials to a facility; or utilizing a licensed hauler to collect
and transport such materials to a facility.
C.Â
For properties defined herein as multioccupancy properties: Such
properties will not receive services under the municipality's
municipal contract for municipal contract waste collection and disposal.
Each person who owns or occupies such a property shall provide proper
collection and disposal for regulated municipal waste and designated
recyclable materials by utilizing a permitted collector to collect
and deliver such materials to a facility, and shall provide documentation
from the selected permitted collector that the permitted collector
has been contracted by the person responsible for such property. This
documentation shall be submitted annually or at such time that a change
in permitted collector occurs. Additionally, each such person shall
provide recycling containers at easily accessible locations for source
separation of designated recyclable materials; provide written instructions
to all persons occupying each unit of occupancy to ensure that all
designated recyclable materials are source separated; and provide
collection and delivery of source separated designated recyclable
materials at a frequency of at least once per week. Frequencies of
once per every two weeks may be approved by the Borough Manager if
sufficient documentation is provided to demonstrate that such frequency
will not create a nuisance, and such approval may be revoked at any
time should conditions warrant.
A.Â
Each person who owns or occupies a residential unit shall source
separate corrugated cardboard, plastic bottles and jugs with a neck,
metal food and beverage cans, and glass bottles and jars for the purpose
of single stream recycling. Yard waste, tires, and white goods must
also be source separated for recycling and require separate collection
and an additional service tag per the municipality's adopted
fee schedule. Materials defined as recyclable materials are designated
from time to time, per LCSWMA's rules and regulations.
B.Â
Each person who owns or occupies a multioccupancy property shall
source separate corrugated cardboard, plastic bottles and jugs with
a neck, metal food and beverage cans, and glass bottles and jars for
the purpose of single stream recycling. Yard waste, tires, and white
goods must also be source separated for recycling and require separate
collection and an additional service tag per the municipality's
adopted fee schedule. Materials defined as recyclable materials are
designated from time to time, per LCSWMA's rules and regulations.
C.Â
Each person who owns or occupies a nonresidential unit shall source
separate corrugated cardboard, plastic bottles and jugs with a neck,
metal food and beverage cans, glass bottles and jars, high-grade office
paper, and aluminum for the purpose of single stream recycling. Yard
waste, tires, and white goods must also be source separated for recycling
and may require separate collection and/or an additional service tag
per the municipality's adopted fee schedule. Materials defined
as recyclable materials are designated from time to time, per LCSWMA's
rules and regulations.
A.Â
With respect to municipal contract waste and designated recyclable
materials, no person other than the contractor shall collect, transport,
store, process or dispose of such contract waste. With respect to
regulated municipal waste other than municipal contract waste which
is generated at residential units of occupancy and regulated municipal
waste or designated recyclable materials other than leaves, which
are generated at multioccupancy properties or nonresidential units,
no person other than a licensed hauler shall collect, transport, store,
process or dispose of such waste. Each permitted collector that collects
or transports regulated municipal waste or designated recyclable materials
generated in any unit of occupancy shall complete monthly LCSWMA manifests
reporting the amount of regulated municipal waste and designated recyclable
material collected in the municipality.
B.Â
No person who generates, owns or possesses designated recyclable
materials or regulated municipal waste shall, by contract for collection
services or otherwise, cause, permit or assist in the collection,
transportation, storage, processing or disposal of such waste by any
person other than: 1) the contractor, with respect to municipal contract
waste or designated recyclable materials including leaves generated
at units of occupancy; and 2) a permitted collector, with respect
to regulated municipal waste other than municipal contract waste generated
at residential units of occupancy and regulated municipal waste or
designated recyclable materials other than leaves generated at multioccupancy
properties or at nonresidential units.
C.Â
No permitted collector who collects, transports or disposes of designated
recyclable materials or regulated municipal waste shall, by municipal
contract for such services or otherwise, cause, permit or assist in
the storage, collection, transportation, processing or disposal of
designated recyclable materials in a manner which treats such materials
as regulated municipal waste or which is otherwise inconsistent with
source separation or recycling. Any delivery of designated recyclable
materials to the LCSWMA facility in accordance with the LCSWMA rules
and regulations shall be deemed to satisfy the requirements of this
section.
E.Â
All regulated municipal waste and designated recyclable materials
generated or collected in the municipality shall be transported directly
to a facility in accordance with the LCSWMA rules and regulations
and without any intervening transfer, unloading, processing, sorting,
salvaging, scavenging or reuse of any portion of any load of such
regulated municipal waste and designated recyclable materials from
the time of its collection until the time of its delivery to the facility.
F.Â
Each permitted collector shall collect and deliver, separately to
a LCSWMA facility battery drop-off location, all battery bags placed
at curbside by residential units.
A.Â
No person shall store, process or dispose of any regulated municipal
waste or designated recyclable materials except at a facility. Notwithstanding
the foregoing, yard waste may be composted in accordance with the
municipality's guidelines on the property on which such waste
was generated.
B.Â
No person shall process or dispose of any regulated municipal waste
or designated recyclable materials, including yard waste and leaves,
through open burning.
A.Â
Fees for services provided by the municipality shall be charged to the owners of all units of occupancy, as defined in this article, which will receive municipal contract services based on the provisions of § 184-4 and based on fees established from time to time by a resolution adopted by the Borough Council and published as part of the municipality's Schedule of Fees. The municipality's policies and procedures may provide for the amount of annual fees, dates fees are due, interest and penalties for late payments and provisions for municipal liens and attorney's fees for unpaid collection service fees.
B.Â
If any service charge levied and assessed pursuant to this article
shall not be paid when due, a penalty of up to 18% of the amount of
the service charge due and unpaid shall be added thereto and collected.
The penalty stated herein may be changed from time to time by a resolution
of Borough Council and published as part of the municipality's
Schedule of Fees.
From the time of placement for collection of any designated
recyclable materials, all such designated recyclable materials shall
be the property of the generator or permitted collector who has contracted
to provide on-site collection, as provided in the municipal contract.
It shall be a violation of this article for any person, other than
such permitted collector, to collect or pickup, or cause to be collected
or picked up, any such designated recyclable materials.
A.Â
Nothing in this article shall be construed to impair the obligations
of any existing contract.
B.Â
No renewal or modification of any existing contract and no new contract
for the storage, collection, transportation, processing or disposal
of regulated municipal waste or designated recyclable materials shall
be entered into after the effective date of this article unless such
renewal or modification or new contract shall conform to the requirements
of this article and the municipality's policies and procedures.
C.Â
No contract which is entered into, renewed, extended, modified or
assigned after the effective date of this article shall provide for
collection services to be performed after the commencement date for
contract waste or designated recyclable materials generated at residential
units. This provision shall not apply to the contract between the
municipality and the contractor. With respect to any contract which
violates this article, such contract shall be deemed void, and the
hauler that is a party to such contract:
The municipality shall have the power to issue the municipality's
policies and procedures governing all matters set forth in this article
and any other related matters be necessary or convenient by the municipality.
The municipality's policies and procedures shall be effective
when issued in writing and signed by the Manager of the municipality.
The municipality shall have the power to establish record and reporting
requirements, and standards and procedures for the issuance, administration
and revocation of licenses, as deemed necessary, including without
limitation, a) application procedures and standards and conditions
for licenses, b) the fixing of a monetary bond, with or without surety,
to secure the compliance by any permitted collector with any such
requirements, standards or procedures, and c) any other matters deemed
necessary or convenient by the municipality. In the event of suspension
or revocation of any license which is issued by the municipality or
LCSWMA, the person whose collection permit is suspended or revoked
shall refund to each customer any prepaid fees.
It shall be unlawful for any person to violate or cause or permit
or assist in the violation of any provision of this article or any
provision of the municipality's policies and procedures. All
unlawful conduct shall also constitute a public nuisance.
Any person violating any provision of this article or any provision
of the municipality's policies and procedures shall, upon conviction
thereof in a summary proceeding, be sentenced for each violation to
pay a fine of not more than $1,000, court costs and, in default of
the payment of such fine, costs and reasonable attorneys' fees
incurred by the municipality in the enforcement proceedings to the
extent allowed by law for the punishment of a summary offense. Each
violation of any provision of this article or of any provision of
the municipality's policies and procedures and each day that
such a violation shall exist shall constitute a separate violation
and offense.
For purposes of the obligations established by this article
or the municipality's policies and procedures, and for purposes
of any fine, penalty, imprisonment or other sanction, the terms "person,"
"residential unit," "multioccupancy property" and "nonresidential
unit" shall:
In addition to any other remedy provided in this article, the
municipality may institute proceedings to restrain any violation of,
or to require compliance with, this article and/or the municipality's
policies and procedures.
The penalties and remedies set forth in this article are in
addition to, not in lieu of, any fines, penalties or remedies provided
in the municipality's policies and procedures. The existence
or exercise of any remedy shall not prevent the municipality from
exercising any other remedy provided under this article, the municipality's
policies and procedures, or available at law or equity.
