[Adopted 4-14-2003 by Ord. No. 2003-3[1]]
[1]
Editor's Note: This ordinance superseded former Art. III, Recycling,
adopted 5-7-1990 by Ord. No. 1990-2.
Any capitalized term, if not defined in this article, shall have the
meaning as from time to time set forth in the LCSWMA Rules and Regulations,
which are incorporated into this article by reference. In addition, as used
in this article, the following terms shall have the following meanings:
The Solid Waste Management Act, Act of July 7, 1980, P.S. 380, No.
97, as now or hereafter amended.[1]
The Municipal Waste Planning, Recycling and Waste Reduction Act,
Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter amended.[2]
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.
Clear glass 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.
Colored glass 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.
The date upon which the current and subsequent municipal contract
collection services begin.
Designated recyclable materials which have been segregated from regulated
municipal waste but which have not been separated into different types of
recyclable materials, and which have been placed in a recycling container
for the purpose of collection.
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 process by which solid organic waste is biologically decomposed
under controlled aerobic or anaerobic conditions to yield a humus-like product.
A portion of Municipal Waste resulting from the construction or demolition
of buildings and other structures, including wood, plaster, drywall, and wall
board, metals, asphaltic substances, bricks, block, and unsegregated concrete.
The term also includes street sweepings and Non-Friable Asbestos Waste. The
term does not include the following if they are separated from other Waste
and used as clean fill:
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
adjacent to the residential unit and no more than five feet from the public
street used by collection vehicles.
Those source-separated recyclable materials designated in § 222-42 of this article.
Any municipal contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or designated recyclable
materials generated or located within the Municipality which was legally entered
into prior to the effective date of this article and when entered into was
legally enforceable.
Refuse containers which are in excess of the number of refuse containers
per collection site limit in the municipal contract.
A label which must be affixed to tires, white goods, oversized refuse
items, and extra refuse containers in order for such items to be collected
by the contractor.
Any specific site designated 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 tract of land containing 10 or more acres which is used for agricultural
purposes, which agricultural activities provide the major and primary source
of income to the residents of the tract.
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:
The term does not include:
Coal refuse as defined in the Coal Refuse Disposal Control Act (52 U.S.C.A.
§§ 30.51-30.62);
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);
Solid or dissolved material in domestic sewage;
Solid dissolved materials in irrigation return flows;
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);
and
Source, special nuclear, or by-product material as defined by the Atomic
Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).
Desktop-generated paper limited to white ledger, copy paper, and
computer printout (CPO).
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, wood preservatives and stains.
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.
Wood, metal, rug, and upholstery cleaners and/or polishes.
The Lancaster County Solid Waste Management Authority, a municipal
authority organized and existing under the Municipality Authorities Act,[3] as amended.
Any facility owned or operated by or on behalf of LCSWMA.
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 property with four or more residential units, including without
limitation, apartment complexes, condominium complexes, retirement homes and
mobile home parks, excluding farms.
The agreement between the Municipality and a permitted collector
under which collection services are to be provided to residential units for
municipal contract waste and for designated recyclable materials.
Those portions of regulated municipal waste which are to be collected
and disposed of under this municipal contract. Municipal contract waste consists
exclusively of refuse and oversized refuse items.
Lancaster Township.
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 on-site collection or storage of regulated municipal waste
within the Municipality. (Reference Resolution No. 2003-05.[4])
Paper that has been used for the production of daily, weekend and
special edition publications, commonly known as "newspapers."
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 establishment, all community
activities and all farms, excluding residential units and Multifamily 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
nonprocessable waste, including small furniture, carpet, portable televisions
and the like, but excluding tires and white goods.
A person/company who is in possession of all pertinent permits and
licenses which may be required by the Municipality and 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 are identified on the bottom of the container
and consist of two types of containers, namely: #1 PETE (such as soda bottles)
and #2 HDPE (such as milk, spring water, and detergent bottles).
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 that
are beneficially reused.
The separation, collection, recovery and sale or reuse of metals,
glass, paper, yard waste, plastics, and other materials that would otherwise
be disposed of or processed as solid waste, or the mechanized separation and
treatment of solid waste and creation and recovery of reusable materials.
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.
That portion of regulated municipal waste except:
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.
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.
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 its 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 community activities, and any sludge meeting the definition of "residual
waste" 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, semidetached or townhouse dwelling, or
a dwelling unit within a multifamily building containing three or fewer dwelling
units, excluding farms. When used in this article or the municipality's
policies and procedures, the term "Residential Unit" shall also refer to any
multifamily unit or nonresidential unit that requests and receives approval
from the Municipality to use the collection services provided under the municipal
contract.
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 coal refuse as defined in the Coal Refuse Disposal Control
Act, or 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.[5]
The removal of designated recyclable materials in violation of § 222-46 of this article.
A system where recyclable materials, commonly fibers and glass, metal
and plastic containers, 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 designated 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.
Radioactive Materials.
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, leaves, shrubbery, tree trimmings (two inches
in diameter or smaller), grass clippings, and sod.
Thirty gallon biodegradable kraft bag provided by the municipality
for placement of yard waste.
All persons within the Municipality shall Source Separate designated
recyclable materials generated by such person or generated within a Residential
Unit, multifamily unit or nonresidential unit occupied by such person.
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 Material generated at such Residential
Unit, multifamily unit or nonresidential unit are collected and disposed of
in accordance with this article, the municipality's policies and procedures,
and LCSWMA Rules and Regulations.
Collection services for municipal contract waste and for designated
recyclable materials shall be provided to residential units by the contractor.
Each person who owns or occupies a Residential Unit shall prepare designated
recyclable materials and municipal contract waste for collection in accordance
with the municipality's policies and procedures. With respect to regulated
municipal waste which is not municipal contract waste, persons who own or
occupy residential units shall elect to provide proper on-site collection
and disposal by either themselves delivering such materials to a facility,
or utilizing a permitted collector to collect and deliver such materials to
a facility.
A.
Each person who owns or occupies a nonresidential unit
or Multifamily Unit 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. With respect
to municipal contract waste and designated recyclable materials, a person
who owns or occupies a multifamily unit or nonresidential unit may request
Municipality approval to receive the services under the municipal contract.
B.
Each person who owns or occupies a multifamily unit or nonresidential unit approved to receive services under the municipal contract shall comply with the municipality's policies and procedures established for residential units, and notwithstanding the provisions of § 222-42B and C of this article, shall Source Separate the recyclable materials designated in § 222-42A.
C.
Each person who owns a multifamily unit or nonresidential
unit that does not receive services under the municipal contract 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 delivery of source-separated designated
recyclable materials at a frequency of not less than once per month.
A.
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.
B.
With respect to regulated municipal waste, other than
municipal contract waste which is generated at residential units, and regulated
municipal waste or designated recyclable materials generated at multifamily
units or Nonresidential units, no person other than a permitted collector
shall collect, store, process or dispose of such waste. (Collection of Leaves/yard
waste may be arranged by the municipality in accordance with the municipality's
policies and procedures.) Each permitted collector that collects or transports
regulated municipal waste or designated recyclable materials generated in
any Residential Unit, nonresidential unit, or multifamily unit shall complete
monthly LCSWMA manifests reporting the amount of regulated municipal waste
and Designated Recyclable Material collected in the municipality.
C.
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, 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 generated at residential units.
(2)
A permitted collector with respect to regulated municipal
waste other than municipal contract waste generated at residential units,
and regulated municipal waste or designated recyclable materials generated
at multifamily units or Nonresidential units. (Collection of Leaves/yard waste
may be arranged by the municipality in accordance with the municipality's
policies and procedures.)
D.
No permitted Collector who collects 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, 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 § 222-43D.
F.
All regulated municipal waste and designated recyclable
materials generated or collected in the municipality shall be delivered 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.
G.
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.
No person shall store, process or dispose of any regulated municipal waste or designated recyclable materials except at a facility. Notwithstanding the foregoing or § 222-42, yard waste may be composted, to the extent and in the manner provided in the municipality's policies and procedures, on the property on which such yard waste was generated.
B.
No person shall process or dispose of any designated
recyclable materials through Open Burning.
Fees for services provided by the municipality shall be charged to all
residential units within the municipality. The amount of fees and the schedule
for payment of fees shall be as adopted by Resolution from time to time by
the Elected Body of the municipality. 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.
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 the 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 pick up, or cause to be collected or picked up, any such designated recyclable
materials. (Collection of Leaves/yard waste may be arranged by the municipality
in accordance with the municipality's policies and procedures.)
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, on-site collection, 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.
No contract that is entered into, renewed, extended, modified or assigned after the effective date of this § 222-47 shall provide for on-site 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 § 222-47C, such contract shall be deemed void and the hauler that is a party to such contract shall reimburse to the applicable residential units any funds which have been paid for such on-site collection services and shall not collect or attempt to collect any funds for such on-site collection services.
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 as may 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 to:
A.
Application procedures, fees, 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.
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 $300 and costs of prosecution and, in default of the
payment of such fine and costs, to undergo imprisonment for not more than
three days. 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," "multifamily unit"
and "nonresidential unit" shall include officers and directors of any corporation
or other legal entity having officers and directors, and refer to and impose
joint and several liability upon both the persons residing in or occupying
any such Residential, Multifamily or Nonresidential units, and the owner,
landlord, condominium owners' association, and/or agent of an owner,
landlord or condominium owners' association of such premises.
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 or the municipality's policies and procedures or available at
law or equity.
This article No. 2003-03 supersedes all previous ordinances and regulations,
specifically Ordinance 1990-02, and any amendments. All previous ordinances
and regulations are hereby repealed.
