[Adopted 8-27-1990 by Ord. No. 3-90 (Ch. 20, Part 4, of the 1985 Code of Ordinances)]
[Amended 12-2-1996 by Ord. No. 5-96[1]]
Any words and phrases used but not defined herein shall have the meaning as from time to time set forth in the LCSWMA Rules and Regulations. In addition, as used in this article, the following terms shall have the following meanings:
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.S. 380, No. 97, as now or hereafter amended.[2]
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter amended.[3]
ALUMINUM
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.
COMMINGLED
Designated recyclable materials:
A. 
Which have been segregated from regulated municipal waste but which have not been separated into different types of recyclable materials; and
B. 
Which have been placed in a recycling container for the purpose of collection.
COMMUNITY ACTIVITIES
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.
CUSTOMER
A person who independently contracts with a licensed hauler for the collection of regulated municipal waste and designated recyclable materials.
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials designated in § 362-45 of this article for source separation.
EXISTING CONTRACT
Any contract for the storage, collection, transportation, processing or disposal of regulated municipal waste or recyclable materials generated or located within the municipality which:
A. 
Was legally entered into prior to the effective date of this article; and
B. 
When entered into was legally enforceable.
FACILITY
Any specific site or person designated by LCSWMA as the specific place or site or person 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 or person being designated by LCSWMA, any approved site for the delivery of any category of solid waste or source-separated recyclable materials. A site will be deemed an approved site for the purposes of this definition so long as that site:
A. 
Is in possession of all applicable local, state and federal permits;
B. 
Is operating in accordance with all applicable local, state and federal laws and regulations; and
C. 
Provides LCSWMA with such data and information as LCSWMA requests, including, without limitation:
(1) 
The quantity, type, source and date of receipt of solid waste and source separated recyclable materials that were generated in Lancaster County and delivered to the site;
(2) 
Proof that the site is in compliance with Subsections A and B above; and
(3) 
In the case of source-separated recyclable materials, proof that all materials received at the site are, in fact, recycled.
GLASS, CLEAR
Consists only of clear food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.
GLASS, COLORED
Consists only of green or brown food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.
LCSWMA
Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act of 1945, as amended.[4]
LCSWMA FACILITY
Any facility owned or operated by or on behalf of LCSWMA.
LICENSED HAULER
A person who is in possession of all pertinent permits and licenses which may be required for the collection, transportation, storage or disposal of solid waste or recyclable materials.
MULTIFAMILY UNIT
A property which contains four or more residential units, including without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks, excluding farms.
MUNICIPALITY
The Township of Manor.
NEWSPRINT
Paper which has been used for the production of daily, weekend and special edition publications commonly known as newspapers.
NONRESIDENTIAL UNITS
All commercial, municipal and institutional establishments, all community activities and all farms, excluding residential units and multifamily units.
PERSON
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.
PLASTIC
Recyclable plastic as identified on the bottom of the container and consisting of two types of containers, namely:
A. 
PETE (such as soda bottles); and
B. 
HDPE (such as milk, spring water and detergent bottles).
RECYCLABLE MATERIALS
Any materials which would be regulated municipal waste but for source separation and which will be processed into raw materials or products or which are beneficially reused.
RECYCLING
The separation, collection, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or of processed as waste or the mechanized separation and treatment of solid waste and creation and recovery of reusable materials or energy.
RECYCLING CONTAINER
For residential units, the term "recycling container" shall refer to the container supplied by the municipality. For multifamily 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.
REFUSE CONTAINER
A container which is:
A. 
Constructed of plastic, metal, or fiberglass, and which has adequate strength for lifting and tight-fitting lid capable of preventing entrance into the container by vectors; or
B. 
A polyethylene bag which:
(1) 
Is specifically designed for storage and collection;
(2) 
Is protected against animal damage and overloading so as to prevent littering or attraction of insects or rodents;
(3) 
Has a holding strength capable of withstanding normal stresses until it is collected.
REGULATED MUNICIPAL WASTE
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 materials, 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.
RESIDENTIAL UNIT
Any single-family detached, semidetached or townhouse dwelling, or a dwelling unit within a building containing three or fewer dwelling units, excluding farms.
SOURCE SEPARATE or SOURCE SEPARATION
The process of separating, or the separation of, designated recyclable materials from other solid waste at the location where generated for the purpose of recycling.
STEEL AND BIMETALLIC CANS
The ferrous metal food or beverage containers commonly known as "tin cans."
WHITE GOODS
Large appliances weighing more than 50 pounds, including clothes washers, clothes dryers; dishwashers, freezers, refrigerators, stoves, ovens, hot water heaters, air conditioners, furnaces and electrical heaters.
YARD WASTE
All garden residues, grass clippings, shrubbery and tree prunings less than 1/4 inch in diameter and similar material, but excluding leaves.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[4]
Editor's Note: See now 53 Pa.C.S.A. § 5601 et seq.
All persons within the municipality shall source-separate designated recyclable materials.
[Amended 3-4-2019 by Ord. No. 8-2019]
Each person who owns or occupies a residential unit, multifamily unit or nonresidential unit within the municipality shall ensure that regulated municipal waste and designated recyclable materials generated at such residential unit, multifamily unit or nonresidential unit are collected, transported and disposed of in accordance with this article and the LCSWMA Rules and Regulations.
A. 
Each person who owns or occupies a residential unit may elect to provide proper collection, transportation and disposal of regulated municipal waste and designated recyclable materials generated at such residential units by either:
(1) 
Themselves transporting such materials to a facility; or
(2) 
Utilizing a licensed hauler to collect and transport such materials to a facility.
B. 
Leaves shall be source-separated to be collected and/or disposed of as from time to time directed by municipality.
A. 
Each person who owns or occupies a nonresidential unit or multifamily unit shall provide proper collection, transportation and disposal of regulated municipal waste and designated recyclable materials by utilizing a licensed hauler to transport such waste to a facility.
B. 
Each person who owns a multifamily unit or nonresidential unit shall:
(1) 
Provide recycling containers at easily accessible locations for source separation of designated recyclable materials.
(2) 
Provide written instructions to all persons occupying each multifamily unit and nonresidential unit to ensure that all designated recyclable materials are source-separated.
(3) 
Provide collection and transportation to a facility of source-separated, designated recyclable materials at a frequency of not less than once per month.
C. 
Each person who owns a multifamily unit or nonresidential unit shall ensure that leaves are source separated to be collected and/or disposed of as from time to time directed by municipality.
[Amended 12-2-1996 by Ord. No. 5-96]
A. 
Each person who owns or occupies a residential unit shall source-separate from other municipal waste the following recyclable materials:
(1) 
Newsprint.
(2) 
Glass, clear.
(3) 
Glass, colored.
(4) 
Aluminum.
(5) 
Steel and bimetallic cans.
(6) 
Leaves.
(7) 
Yard waste.
(8) 
Tires.
(9) 
White goods.
(10) 
Plastic.
B. 
Each person who owns or occupies a multifamily unit shall source-separate the following recyclable materials:
(1) 
Newsprint.
(2) 
Glass, clear.
(3) 
Glass, colored.
(4) 
Aluminum.
(5) 
Steel and bimetallic cans.
(6) 
Leaves.
(7) 
Yard waste.
(8) 
Tires.
(9) 
White goods.
(10) 
Plastic.
C. 
Each person who owns or occupies a nonresidential unit shall source-separate the following recyclable materials:
(1) 
Newsprint.
(2) 
Glass, clear.
(3) 
Glass, colored.
(4) 
Aluminum.
(5) 
Steel and bimetallic cans.
(6) 
Leaves.
(7) 
Yard waste.
(8) 
Tires.
(9) 
White goods.
(10) 
High grade office paper.
(11) 
Corrugated cardboard.
(12) 
Plastic.
[Amended 12-2-1996 by Ord. No. 5-95]
A. 
Residential.
(1) 
No person other than a licensed hauler shall collect or transport regulated municipal waste or designated recyclable materials generated in any residential unit, except that a person may transport to a facility such waste which was generated at such person's residence.
(2) 
Each licensed hauler who provides regularly scheduled service for the collection of regulated municipal waste from a residential unit shall also collect designated recyclable materials from such residential unit. Each licensed hauler shall establish, and notify each customer, of procedures for the source-separation, segregation and packaging of regulated municipal waste and designated recyclable materials. Such procedures shall permit commingling of all aluminum, clear glass, colored glass, and steel and bimetallic cans and plastic in a single recycling container. Each licensed hauler shall schedule collections for tires and white goods at least twice annually and shall give customers at least a thirty-day advance notice of the schedule for such collections. Newsprint shall either be bagged or bundled in accordance with instructions from the licensed hauler to the customer. Leaves shall be collected by the Township.
(3) 
Each licensed hauler shall submit to the municipality, on forms provided by the municipality, monthly reports concerning the regulated municipal waste and designated recyclable materials collected.
(4) 
The schedule for collection of regulated municipal waste and designated recyclable materials shall be as specified in Appendix A to this article.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(5) 
Recycling containers for residential units are available at the municipality, which shall retain title to all such recycling containers. Licensed haulers shall distribute recycling containers to all of their residential unit customers in accordance with the guidelines to be established by the municipality.
[Amended 3-4-2019 by Ord. No. 8-2019]
B. 
Nonresidential and multifamily.
(1) 
No person other than a licensed hauler shall collect or transport regulated municipal waste or designated recyclable materials generated in any nonresidential or multifamily unit.
(2) 
Each licensed hauler that collects or transports designated recyclable materials generated in any nonresidential or multifamily unit shall submit to the municipality, on forms provided by the municipality, monthly reports concerning the sources, types, weight, etc., of materials collected.
C. 
General.
(1) 
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.
(2) 
No licensed hauler who collects, transports or disposes of regulated municipal waste or designated recyclable materials shall, by contract 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 a LCSWMA facility in accordance with the LCSWMA Rules and Regulations shall be deemed to satisfy the requirements of this subsection.
(3) 
Each licensed hauler shall give written notice to each customer of such licensed hauler's obligations under this article and particularly the requirement to offer collection services for designated recyclable materials.
No person shall 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 municipality's guidelines) on the property on which such waste was generated.
From the time of placement for collection of any designated recyclable materials other than leaves, all such designated recyclable materials shall be on the property of the generator or the licensed hauler who has contracted to provide collection, as provided in the contract. It shall be a violation of this article for any person, other than such licensed hauler, to collect or pick up, or cause to be collected or picked up, any such designated recyclable materials.
A. 
Nothing in this article shall be construed to impair the obligations of any existing contract.
B. 
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.
A. 
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:
(1) 
Application procedures, fees, standards and conditions for licenses;
(2) 
The fixing of a monetary bond, with or without surety, to secure the compliance by any licensed hauler with any such requirements, standards or procedures; and
(3) 
Any other matters deemed necessary or convenient by the municipality.
B. 
In the event of suspension of revocation of any license which is issued by the municipality or LCSWMA, the person whose license 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. All unlawful conduct shall also constitute a public nuisance.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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," "multifamily unit" and "nonresidential unit" shall:
A. 
Include officers and directors of any corporation or other legal entity having officers and directors; and
B. 
Refer to, and impose joint and several liability upon, both:
(1) 
The person residing in or occupying any such residential, multifamily or nonresidential unit; and
(2) 
The owner, landlord, condominium owner's association and/or agent of an owner, landlord of condominium owner's association of such premises.
In addition to any other remedy provided in this article, municipality may institute proceedings to restrain any violation of, or to require compliance with, this article.
The existence or exercise of any remedy provided by this article shall not prevent the municipality from exercising any other remedy available at law or equity.