[HISTORY: Adopted by the Board of Supervisors
of the Township of West Hempfield as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-20-1987 as Ord. No. 1A-87]
A.
COUNTY
EXISTING CONTRACT
FACILITY
FULL SYSTEM OPERATION or FULLY OPERATIONAL
LCSWMA
MUNICIPALITY
PERSON
PLAN
POINT OF ENTRY INTO THE SYSTEM
RECYCLING
REGULATED MUNICIPAL WASTE
(1)
(2)
(3)
(4)
(5)
(6)
SOURCE SEPARATION
SYSTEM
TRANSFER FACILITY
As used in this Article, the following terms shall
have the meanings indicated:
The County of Lancaster.
Any agreement or contract fully executed prior to the effective
date of this Article for the collection, disposal or transportation
of municipal waste generated within this municipality.
The waste-to-energy incinerator to be constructed by or on
behalf of LCSWMA pursuant to the plan.
That date which is 60 days from the date upon which the county
and other municipalities, representing in the aggregate not less than
60% of the population of the county as determined by the 1980 Decennial
Census of the United States, execute the intermunicipal agreement
and enact waste flow ordinances.
The Lancaster County Solid Waste Management Authority, its
assigns, its successors in interest and its predecessor in interest,
the Lancaster Area Refuse Authority (LARA).
The Township of West Hempfield, a township of the second
class located with the County of Lancaster, Commonwealth of Pennsylvania.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency or any other entity or any group of such persons who or which
is recognized by law as the subject of rights and duties. In any provisions
of this Article prescribing a fine, penalty, imprisonment or denial
or grant of any license, the term "person" shall include the officers
and directors of a corporation or other legal entity having officers
and directors.
The municipal waste management plan for the county adopted
by the county or municipalities therein and approved by the Pennsylvania
Department of Environmental Resources.
Any delivery site within the system designated by LCSWMA
for delivery of regulated municipal waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, yard waste and other materials which would otherwise
become municipal waste.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid or semisolid material resulting
from operation of residential, municipal, commercial or institutional
establishments and from community activities, and any other solid
waste which is within the definition "municipal waste" set forth in
§ 103 of the Pennsylvania Solid Waste Management Act, Act
of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.103, and
which LCSWMA, the county or any contractor ("contractor") selected
by the county or LCSWMA to construct and/or operate a resource recovery
facility or facilities to be located within the municipal boundaries
of the county by ordinance or regulation is willing to accept at the
facility, but excluding:
Any liquid waste or sludge.
Any waste which is defined by existing or future
federal or state law or regulation as hazardous waste or residual
waste.
Infectious waste, pathological waste or other
waste for which treatment or handling requirements different from
those normally applicable to municipal waste apply.
Polychlorinated biphenyls.
Any waste which may be marketable and which
is intentionally segregated for purposes of recycling.
Materials specifically excluded under applicable
county or LCSWMA ordinances, rules or regulations.
The segregation and collection, prior to delivery to a point
of entry into the system, of materials for the sole purpose of recycling.
The overall solid waste management and disposal system and
every aspect thereof owned or operated by or on behalf of LCSWMA,
including, without limitation, equipment, transfer stations, resource
recovery facilities and landfills owned or operated or to be acquired,
constructed or operated by LCSWMA or any agent, designee or contractor
thereof in the implementation of the plan.
Any solid waste facility which is now or hereafter may be
established by LCSWMA or the county for the purpose of accepting solid
waste for processing and economical consolidation for subsequent delivery
to the facility or other solid waste disposal site.
B.
All other words and phrases shall have the same meanings
as set forth in the Pennsylvania Solid Waste Management Act, Act of
July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq.,
as it may hereinafter be amended or supplemented by legislation regarding
municipal waste planning.
A.
Licensing. No person who is not duly licensed by LCSWMA
to deliver waste to the county system may collect or transport municipal
waste located or generated within this municipality. This prohibition
shall become effective 120 days from the effective date of this section
of this Article.
B.
Compliance with rules, regulations and ordinances.
In carrying on activities related to solid waste collection or transportation
within this municipality, all municipal waste collectors and all municipal
waste transporters shall comply with all rules, regulations and ordinances
pertaining to the collection, transportation and disposal of solid
waste as may be hereinafter enacted by this municipality or by the
county pursuant to a parallel county waste flow ordinance and all
rules and regulations enacted by LCSWMA pursuant to authority given
it under 53 P.S. § 315, as hereafter amended.
C.
Administration. Licenses hereunder shall be issued,
revoked and administered by LCSWMA.
A.
Delivery to LCSWMA/county sites. All municipal waste
collectors and transporters shall deliver and dispose of all regulated
municipal waste collected or generated within the municipality at
a transfer station or disposal facility owned and operated by or on
behalf of LCSWMA, subject to such reasonable regulations for the operation
thereof as may be established by the county or LCSWMA.
B.
Disposal at other sites. Disposal of regulated municipal waste collected or generated within the municipality may occur at other sites only as permitted by rule, regulation, ordinance or order duly issued by the county or by the written agreement of the county, LCSWMA and the municipality. Disposal of regulated municipal waste at an existing facility from sources reflected on the notice to the municipality, the county and LCSWMA as provided in § 118-7 of this Article shall be permitted.
C.
Recycling. Nothing herein shall be deemed to prohibit
source separation or recycling or to affect any sites at which source
separation or recycling may take place.
A.
Compliance with county and LCSWMA regulations. The
collection, transportation and disposal of municipal waste present
or generated within the municipality shall be subject to such further
reasonable rules and regulations as may from time to time be promulgated
by the county pursuant to its waste flow ordinance and such rules
and regulations as may be adopted by LCSWMA pursuant to 53 P.S. § 314,
as hereafter amended, including, without limitation, regulations governing
applications and standards for licensing, fees to be charged for such
licensing, the terms of licenses, procedures, recordkeeping, transportation
routes and other matters.
B.
County authorization to adopt regulations. Rules and regulations adopted by the county pursuant to the parallel county waste flow ordinance to be adopted pursuant to the intermunicipal agreement described in § 118-12 hereof shall be deemed rules and regulations adopted under this Article, and the county is hereby authorized to adopt such rules and regulations.
C.
Consistency of regulations with the Code and other
laws. No rules or regulations adopted pursuant to this Article shall
be contrary to or less stringent than the provisions of this Article,
the plan, the county waste flow ordinance, the Pennsylvania Solid
Waste Management Act[1] or regulations adopted thereunder or such other laws,
regulations or requirements as may be enacted by the United States
of America, the Commonwealth of Pennsylvania, the Pennsylvania Department
of Environmental Resources or the Pennsylvania Environmental Quality
Board governing municipal waste planning, collection, storage, transportation,
processing or disposal.
[1]
Editor's Note: See 35 P.S. § 6018.103.
A.
Noninterference with existing contracts. Nothing contained
in this Article shall be construed to interfere with or in any way
to modify the provisions of any existing contract in force in the
municipality on the effective date of this Article.
B.
New contracts and renewals of existing contracts.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for municipal waste collection, transportation,
processing or disposal shall be entered into after the effective date
of this Article unless such renewal or such contract shall conform
to the requirements of this Article, the county waste flow ordinance,
rules and regulations promulgated thereunder and the terms of licenses
issued thereunder.
A.
Prohibition of private waste processing and disposal
facilities. No person other than LCSWMA, the United States of America,
the Commonwealth of Pennsylvania, a county, a municipality, an authority
created by the foregoing or a person acting on behalf of the foregoing
shall use or permit to be used any property owned or occupied by that
person within the municipality as a municipal waste processing or
disposal facility, either for municipal waste generated within the
municipality or elsewhere, without the express written approval of
the municipality, the county and LCSWMA.
[Amended 12-7-1993 by Ord. No. 9-93]
The prohibition set forth in § 118-6A of this Article shall not interfere with the operation of any privately or publicly owned solid waste facility which has been issued a solid waste permit before the effective date of this Article, provided that:
A.
The owner or operator of the facility provides written
notice to the county and the municipality of the facility permit number,
address, ownership and existing sources of waste no later than 60
days after the effective date of this Article.
B.
The facility accepts regulated municipal waste from
no sources within the county other than those then authorized by the
facility's solid waste permit and then being accepted, as reflected
on the notice provided the county and municipality pursuant to this
section.
C.
The facility shall not be expanded in capacity, with
the exception of facilities owned or operated by or on behalf of another
county, which facilities may expand if such expansion is consistent
with a DER-approved municipal waste management plan.
D.
Notices under this section shall be submitted to the
Township Secretary on behalf of the municipality. The county may,
by resolution, designate LCSWMA or another authority or agency as
the entity which will receive notice pursuant to this section.
Any unlawful conduct set forth in this section
shall constitute a public nuisance.It shall be unlawful for any person
to:
A.
Accumulate or cause to be accumulated municipal waste
in an amount greater than 20 tons, other than waste which has been
source-separated for the purpose of recycling.
B.
Violate, cause or assist in the violation of any provision
of this Article, any rule, regulation or order promulgated hereunder
or any rule, regulation or order promulgated by LCSWMA or the county
consistent with this Article.
C.
Process, treat, transfer or dispose of or cause to be processed, treated, transferred or disposed regulated municipal waste generated within the municipality at any solid waste facility other than a solid waste facility owned or operated by or on behalf of the county or LCSWMA or at an existing solid waste facility as permitted by § 118-6A of this Article, without the express written consent of any municipality within which the facility is located, the county and LCSWMA.
D.
Collect or transport municipal waste present or generated
within the county without a valid license for disposal issued by LCSWMA.
E.
Hinder, obstruct, prevent or interfere with the municipality,
the county, LCSWMA or their personnel in the performance of any duty
under this Article or in the enforcement of this Article.
[Amended 12-7-1993 by Ord. No. 9-93; 9-3-1996 by Ord. No. 3-96; 5-6-1997 by Ord. No. 6-97]
If the Board of Supervisors or the officer designated
to enforce this article by the Board of Supervisors determines that
a person has committed or permitted the commission of a violation
of this article, the Board of Supervisors or such enforcement officer
shall inform such person in writing of the violation, shall notify
such person to cease the violation of this article and shall inform
such person that he or she must pay a civil penalty to the township
within the range of the amounts set forth below to settle the violation.
The penalty for a first offense shall be not less than $50 and not
more than $600; the penalty for a second offense shall be not less
than $100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 and not more than $600. If such
person fails or refuses to remit the penalty to the township within
10 days from the date of the written notice of the violation of this
article, the township may commence a civil enforcement proceeding
seeking penalties and costs for the violation of this article and/or
may commence an action in equity. The township shall seek a judgment
for the penalty previously imposed, together with additional daily
penalties for continuing violations, plus all court costs, including
the reasonable attorneys' fees incurred by the township in the enforcement
proceedings. Each day that a violation continues shall constitute
a separate violation, and each section of this article which is violated
shall constitute a separate violation. If the defendant neither pays
nor timely appeals the judgment, the township may enforce the judgment
pursuant to the applicable rules of civil procedure.
Upon finding that any person has engaged in unlawful conduct as defined in this Article, LCSWMA, the municipality or the county may revoke any license issued by LCSWMA to that person in accordance with § 118-2 of this Article and LCSWMA may deny any subsequent application by that person for a license pursuant to § 118-2 hereof.
A.
Restraining violations. In addition to any other remedy provided in this Article, the municipality, the county or LCSWMA may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this Article for an injunction to restrain a violation of this Article or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this Article. In addition to an injunction, the court may impose penalties as authorized by § 118-9 hereof and revoke any licenses as authorized by § 118-10 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed
by this Article shall be deemed concurrent. The existence or exercise
of any remedy shall not prevent the municipality, the county or LCSWMA
from exercising any other remedy provided by this Article or otherwise
provided at law or equity.
A.
Entry into intermunicipal agreement. In order to implement the intent and terms of this Article, the municipality, pursuant to the authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, codified at 53 P.S. §§ 481 to 490 (Purdon 1974 and Purdon Supp. 1984), and Article 9, Section 5, of the Constitution of the Commonwealth of Pennsylvania, hereby enters into the intermunicipal joint cooperation agreement between this municipality, the county and other municipalities within the County of Lancaster, together with such changes consistent with this Article, if any, as may be approved by the officials of the parties executing the same, such execution to be conclusive evidence of such approval ("intermunicipal agreement").
B.
The terms and implementation of the intermunicipal
agreement are more fully set forth in the intermunicipal agreement.[1]
C.
Execution. Appropriate officers of the municipality
are authorized and directed to execute the intermunicipal agreement
on behalf of the municipality.
The municipality has been advised by the county
that the plan proposes to provide for solid waste processing and disposal
facilities which will be operated efficiently and economically by
LCSWMA and in accordance with all applicable laws and regulations
and also that LCSWMA will impose reasonable charges, which will be
uniform among all classes of the users of the plant or plants from
participating municipalities which execute the intermunicipal agreement
within 90 days of the date upon which DER grants preliminary approval
to the plan. Charges may differ for different categories of waste
and for different points of entry into the system.
The terms and provisions of this Article are
to be liberally construed so as best to achieve and effectuate the
goals and purposes hereof. This Article shall be construed in pari
materia with the Act of July 7, 1980, P.L. 380, No. 97, known as the
"Solid Waste Management Act," 35 P.S. § 6018.101 et seq.
[Adopted 11-2-1992 as Ord. No. 5-92]
A.
The Solid Waste Management Act, Act 97 of 1980,[1] established a comprehensive planning and regulatory framework
for the storage, collection, transportation, processing and disposal
of solid waste, including municipal waste. Pursuant to the requirements
of Act 97 and the request of each municipality within Lancaster County
("county"), the Board of Commissioners of the County ("County Board")
prepared and adopted the 1986 Lancaster County Solid Waste Management
Plan ("1986 Plan"), which was adopted by each municipality within
the county and approved by the Pennsylvania Department of Environmental
Resources. The 1986 Plan provided for a comprehensive and integrated
county-wide system for solid waste management ("system") which included,
inter alia:
(1)
Construction of a resource recovery facility for the
incineration of municipal waste and the generation of energy.
(2)
Expansion of the then existing Creswell Landfill.
(3)
Construction of transfer facilities throughout the
county.
(4)
Development of a recycling program.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
B.
In order to implement the 1986 Plan and to finance
the system, the county and each municipality within the county enacted
certain waste flow control ordinances and entered into a joint cooperation
agreement ("intermunicipal agreement"). The Municipal Waste Planning,
Recycling and Waste Reduction Act, Act 101 of 1988, was approved on
July 28, 1988, and gave certain municipalities, including the Township
of West Hempfield, the responsibility for developing and implementing
within their boundaries a source-separation and collection program
for recyclable materials. Pursuant to Act 101 and the request of the
County Board, the Lancaster County Solid Waste Management Authority
has prepared (as a revision to the 1986 Plan) the Lancaster County
Municipal Waste Management Plan of 1990 (the "1990 Plan"), which provides
for the establishment and implementation by certain municipalities
of source-separation and collection programs for recyclable materials
in order to conform to Act 101 and to support and maintain the system.
The Township of West Hempfield has ratified the 1990 Plan and has
engaged with the county in mutual and beneficial cooperation and coordination
under the 1986 Plan and the intermunicipal agreement, establishing
an effective, efficient, reliable and environmentally safe system
for the storage, collection, transportation, processing and disposal
of municipal waste. It is desirable and appropriate to continue such
cooperation by implementing a recycling program which is consistent
with the 1990 Plan, the intermunicipal agreement, the system and Act
101.
C.
By Ordinance No. 2-1991,[2] the township instituted a program of licensing haulers.
The township has now determined that it is desirable to contract for
the collection of solid waste and designated recyclable materials
from residences within the township. The Board of Supervisors has
also determined that it is in the best interests of the township to
permit persons to elect not to receive services under such contract
if they make suitable arrangements for the disposal of solid waste
and the recycling of designated recyclable materials.
[2]
Editor's Note: Said Ord. No. 2-1991 was repealed
and replaced by this Article.
D.
It is
the intent of the Board of Supervisors that this article shall include
and incorporate the rules and regulations of the Lancaster County
Solid Waste Management Authority in effect from time to time, including
amendments thereto or revisions or successors thereof, unless the
text of this article indicates that another reference is intended
in accordance with Section 1937 of the Statutory Construction Act,
1 Pa.C.SA. § 1937.
[Added 6-4-2019 by Ord. No. 3-19]
A.
Any term which is not defined in this Article but
which is defined in Act 97, Act 101 or the LCSWMA rules and regulations
shall have the meaning as set forth from time to time in said Act
or rules and regulations.
[Amended 12-7-1993 by Ord. No. 9-93]
B.
ACT 97
ACT 101
ALUMINUM
BULKY WASTE
COMMENCEMENT DATE
COMMINGLED
COMMUNITY ACTIVITIES
CONTRACT
CONTRACTOR
CONTRACT WASTE
CURBSIDE
CUSTOMER
(1)
(2)
DESIGNATED RECYCLABLE MATERIALS
EXISTING CONTRACT
EXTRA REFUSE CONTAINERS
EXTRA SERVICE TAG
FACILITY
(1)
(2)
(3)
(a)
(b)
(c)
FARM
GLASS, CLEAR
GLASS, COLORED
LCSWMA
LCSWMA FACILITY
LICENSED HAULER
MULTIFAMILY UNIT
NEWSPRINT
NONRESIDENTIAL UNITS
OVERSIZED REFUSE ITEMS
PERSON
RECYCLABLE MATERIALS
RECYCLING
RECYCLING CONTAINER
REFUSE
REFUSE CONTAINER
REGULATED MUNICIPAL WASTE
RESIDENTIAL UNIT
SCAVENGING
SOURCE-SEPARATE or SOURCE SEPARATION
STEEL AND BIMETALLIC CANS
TOWNSHIP
TOWNSHIP'S POLICIES AND PROCEDURES
WHITE GOODS
YARD WASTE
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.L.
380, No. 97, as now or hereafter amended, 35 P.S. § 6018.101
et seq.
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter
amended, 53 P.S. § 4000.101 et seq.
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.
Large items of solid waste, including but not limited to
furniture and large automobile parts.
[Amended 8-4-2020 by Ord. No. 4-20]
January 1, 2022, the date upon which the Township's contract
for collection of contract waste will begin after the expiration of
the contract which commenced on January 1, 2016. The term commencement
date shall also be January 1 of the calendar year after the Township
solicits for bids and awards a contract for collection of contract
waste each time after 2022 the Township solicits for bids and awards
a contract for collection of contract waste.
[Amended 4-6-2021 by Ord. No. 2-21]
Recyclable materials which have been segregated from regulated
municipal waste but 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 agreement between the Township and a hauler effective
on the commencement date under which collection services are to be
provided to residential units for contract waste and for recyclable
materials other than leaves.
[Amended 4-6-2021 by Ord. No. 2-21]
The person providing contract waste and recyclable materials
collection services under the contract.
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 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.
There are two types of customers in the Township's program
for the collection of regulated municipal waste and designated recyclable
materials. The two types of customers are defined as follows:
[Amended 4-6-2021 by Ord. No. 2-21]
CUSTOMER, TOWNSHIPThe owner of a residential unit that has not followed the procedure in § 118-19 to opt out of the Township contract.
CUSTOMER, OTHERThe owner of a residential unit that has followed the procedure set forth in § 118-19 to opt out of the Township contract and that has entered into a contract with a hauler registered with the Township for the collection of regulated municipal waste and designated recyclable materials.
Those source-separated recyclable materials designated in § 118-21 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 township which was legally
entered into prior to the effective date of this Article and which,
when entered into, was legally enforceable.
Refuse containers which are in excess of the two refuse containers
per collection site limit.
A label which shall 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 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 shall or may be delivered or, in the absence of a specific
site or person being designed by LCSWMA, any approved site for the
delivery of any category of solid waste or source-separated recyclable
materials. A site will be deemed to be an approved site for the purposes
of this definition so long as that site:
Is in possession of all applicable local, state
and federal permits.
Is operating in accordance with all applicable
local, state and federal laws and regulations.
Provides LCSWMA with such data and information
as LCSWMA requests, including, without limitation:
The quantity, type, source and date of receipt
of solid waste or source-separated recyclable materials that were
generated in Lancaster County and delivered to the site.
Proof that all such materials received at the
site are, in fact, recycled in the case of 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.
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 or lime
and/or other chemicals and substances usually included in the manufacture
of 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 or lime
and/or other chemicals and substances usually included in the manufacture
of glass.
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act of 1945, as amended.
[1]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 township and LCSWMA, for the
collection, transportation, storage or disposal of solid waste or
recyclable materials.
A property with four or more residential units, including,
without limitation, apartment complexes, retirement homes and mobile
home parks.
Paper which has been used for the production of daily, weekly
and special edition publications commonly known as "newspapers."
All commercial, municipal and institutional establishments,
all community activities and all farms, excluding residential units
and multifamily units.
Refuse which will not fit into refuse containers but which
is not bulky waste, including small furniture, carpet, portable televisions
and the like, but excluding tires and white goods.
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.
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, leaf 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 the container supplied by the township. 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.
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 its contents shall not exceed 30 pounds nor shall its
capacity exceed 32 gallons.
Any solid waste generated or collected within the township
which is garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
material, resulting from the 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.
Any single-family detached, semidetached or townhouse dwelling
or a dwelling unit within a multifamily building containing three
or fewer units, excluding farms. When used in this Article or the
township'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 township to use the collection services
provided under the contract.
The uncontrolled or unauthorized removal of recyclable materials
from the curbside.
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."
The Township of West Hempfield, Lancaster County, Pennsylvania.
The rules and regulations adopted and revised from time to
time by the township which govern and pertain to the township's recycling
program and the collection, storage or transportation of regulated
municipal waste within the township.
Large appliances including clothes washers and dryers, dishwashers,
refrigerators and freezers, stoves and ovens, hot-water heaters, air
conditioners and similar appliances.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
[Amended 8-4-2020 by Ord. No. 4-20]
[1]
Editor's Note: See 53 P.S. § 301
et seq.
All persons within the township shall source-separate
designated recyclable materials.
[Amended 8-4-2020 by Ord. No. 4-20]
Each person who owns or occupies a residential
unit, multifamily unit, or nonresidential unit within the Township
shall insure that regulated municipal waste generated at such residential
unit, multifamily unit or nonresidential unit is collected, transported,
and disposed of and that designated recyclable materials generated
at such residential unit, multifamily unit, or nonresidential unit
are source-separated, collected, transported, and recycled in accordance
with this article, the Township's policies and procedures, and LCSWMA
rules and regulations.
[Amended 8-4-2020 by Ord. No. 4-20; 4-6-2021 by Ord. No. 2-21]
A.
Choice of collection services. The owner of each residential unit shall have one opportunity prior to the commencement date to elect whether to receive collection services under the contract. The Township shall inform owners of residential units of the opportunity in June of the calendar year preceding a commencement date. The owner of a residential unit that does not desire to be a Township customer for the new contract beginning on the upcoming commencement date must so notify the Township, in writing, which shall be received at the Township office no later than July 31 of the calendar year prior to the commencement date. The owner of a residential unit that does not provide such notice, in writing, to the Township on or before July 31 of the calendar year prior to the commencement date shall be a Township customer for the entire term of the contract. The residential unit shall be part of the Township contract for the entire term of the Township contract regardless of whether ownership of the residential unit changes during the term of the contract. The only change to the status of a residential unit allowed during the period beginning August 1 of the calendar year prior to the commencement date and ending at the termination of the contract will be for an other customer to become a Township customer. Township customers shall be governed by the rules of § 118-19B below. Other customers shall be governed by § 118-19C below.
B.
Township customers. Collection services for contract
waste and designated recyclable materials shall be provided to Township
customers by the contractor. Township customers shall not during the
term of the contract enter into any independent agreement with any
haulers for the collection of contract waste or designated recyclable
materials.
(1)
Each Township customer shall prepare designated recyclable
materials and contract waste for collection in accordance with the
Township's policies and procedures. Refuse containers shall be placed
at curbside in a manner such that the refuse containers shall not
spill, tip or otherwise deposit refuse on the street or ground. Extra
refuse containers shall be marked
(2)
Township customers shall ensure proper collection,
transportation and disposal of regulated municipal waste which is
not contract waste by either:
C.
Other customers. Other customers shall provide proper collection, transportation and disposal of regulated municipal waste and proper source separation, collection, transportation and recycling of designated recyclable materials generated at such residential unit by using a hauler licensed by LCSWMA and registered with the Township to collect and transport such materials to a facility, except as provided in § 118-24 herein. Refuse containers shall be placed for collection by haulers in a manner such that the refuse container shall not spill, tip or otherwise deposit refuse on the street or ground.
A.
Each person who owns or occupies a nonresidential
unit or multifamily unit shall provide proper collection, transportation
and disposal for regulated municipal waste and proper collection,
transportation, and recycling for designated recyclable materials
by using a hauler licensed by LCSWMA and registered with the Township
to collect and transport such materials to a facility. With respect
to contract waste and designated recyclable materials, a person who
owns a building containing one or more multifamily units or nonresidential
units may request Township approval to receive services under the
contract for all multifamily units or nonresidential units on such
property.
[Amended 8-4-2020 by Ord. No. 4-20]
B.
Each person who owns or occupies a multifamily unit or nonresidential unit approved to receive services under the contract shall comply with the township's policies and procedures established for residential units and, notwithstanding the provisions of § 118-21B and C of this Article, shall source-separate the recyclable materials designated in § 118-21A.
C.
Each person who owns a multifamily unit or nonresidential
unit that does not receive services under the 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 transportation of source-separated
designated recyclable materials at a frequency of not less than once
per month.
[Amended 6-4-2019 by Ord. No. 3-19]
A.
Each person
who owns or occupies a residential unit shall source separate:
(1)
Items
which LCSWMA regulations and official LCSWMA publications, including,
but not limited to, the Resident's Guide to Recycling and Waste Disposal
in Lancaster County, identify as recyclable items to be placed in
curbside recycling bins;
(2)
Yard
waste, including leaves;
(3)
White
goods; and
(4)
Tires.
B.
Each person
who owns or occupies a multifamily unit shall source separate:
C.
Each person
who owns or occupies a nonresidential unit shall source separate:
A.
All persons who own or occupy residential units, multifamily
units or nonresidential units shall comply with the following requirements:
(1)
No regulated municipal waste or source-separated recyclable
materials shall be placed at curbside for collection more than 24
hours in advance of the scheduled time for collection.
(2)
Regulated municipal waste or source-separated recyclable
materials from residential units shall not be stored at curbside prior
to collection. Regulated municipal waste or source-separated recyclable
materials shall be stored in containers which shall prohibit the contents
from being scattered by wind and rain and shall prohibit accessibility
by rodents or other vermin.
(3)
Regulated municipal waste and source-separated recyclable
materials from multifamily units and nonresidential units may be placed
in bulk containers of suitable size, shape and material so as to prohibit
the contents from being scattered by wind and rain and shall prohibit
accessibility by rodents or other vermin.
B.
All licensed haulers shall ensure that collection
of regulated municipal waste and source-separated recyclable materials
shall comply with the following requirements:
(1)
Regulated municipal waste and source-separated recyclable
materials shall be collected on the same day from residential units,
and collection shall be made a minimum of once a month.
(2)
Collection from residential units shall occur on weekdays
between the hours of 5:00 a.m. and 6:00 p.m., prevailing time. Notwithstanding
the foregoing, Saturday collection will be permitted if a holiday
has occurred in the week preceding the Saturday on which collection
is to be made or if a holiday will occur on the Monday or Tuesday
of the week following the Saturday collection.
(3)
No regulated municipal waste or source-separated recyclable
materials shall be blown, scattered or deposited upon the ground in
the process of collection or transportation.
[Amended 7-1-2003[1]; 8-4-2020 by Ord. No. 4-20]
A.
All persons who desire to collect, transport, store,
process or dispose of regulated municipal waste or collect, transport,
store, and process designated recyclable materials within the Township
shall register with the Township prior to performance of any such
activities.
B.
Every person desiring to be registered under this
article shall make application to the Township. Such application shall
include the name and address of the person making application, proof
of a valid license issued by LCSWMA, identification of other municipalities
which have permitted and/or registered that person and whether any
licenses, registrations, or permits have been revoked by LCSWMA or
any other municipality which requires registration or permitting of
haulers.
C.
Applicants to register as a hauler allowed to operate
within the Township shall demonstrate that:
(1)
A valid license has been issued by LCSWMA to the applicant.
(2)
The applicant's operation is in conformity in all
respects with the rules and regulations of the Pennsylvania Department
of Environmental Resources, LCSWMA and all Township ordinances and
the Township policies and procedures.
(3)
Solid waste and designated recyclable materials shall
be suitably enclosed or covered in all vehicles to be used so as to
prevent roadside littering, attraction of vectors or the creation
of other nuisances.
(4)
All disposal of solid waste other than designated
recyclable materials shall be at a facility.
(5)
All designated recyclable materials shall be recycled
and shall not be disposed of as waste.
(6)
Liability and workers' compensation insurance has
been obtained for the applicant's proposed operation in the Township.
A certificate of insurance demonstrating workers' compensation coverage
at statutory limits and liability insurance, with limits of at least
$500,000/$1,000,000 for bodily injury and $100,000 for property damage
shall be provided.
(7)
All vehicles to be used have been properly licensed
and inspected and that all drivers have valid operator's licenses
for the class of vehicle operated by the driver.
D.
All registrations shall be issued for a period of
one year.
E.
Registration may be suspended or revoked by the Township
at any time for just cause. Just cause shall include but not be limited
to where the registered hauler:
(1)
Fails to maintain a valid license issued by LCSWMA.
(2)
Violates any of the provisions of this article or
the Township's policies and procedures.
(3)
Improperly disposes of designated recyclable materials
or solid waste.
(4)
Scavenges.
(5)
Fails to perform in good faith all the covenants of
any agreement entered into with Township customers or other customers.
F.
Any person who has been denied a registration or whose
registration has been suspended or revoked may appeal the denial,
suspension or revocation to the Board of Supervisors. Such appeal
shall be made, in writing, within 10 days after such decision has
been made. The appeal shall be verified by an affidavit and shall
be filed with the Township Secretary. The appellant or his or her
representative shall have the right to appear and be heard, if such
right is requested in the written appeal. The appeal shall be accompanied
by the appeal fee established by resolution or ordinance of the Board
of Supervisors, and no appeal shall be considered complete without
the payment of the appeal fee. A prompt decision on such appeal shall
be made by the Board of Supervisors.
G.
Registrations are not transferable to any other person.
[1]
Editor's Note: Subsection B was amended by
resolution of the Board of Supervisors to remove any annual license
fee "for approved licensed waste haulers to collect regulated municipal
waste and source-separated recyclable materials as required by the
West Hempfield Township Municipal Waste Management Ordinance."
[Amended 8-4-2020 by Ord. No. 4-20]
A.
With respect to contract waste and designated recyclable
materials generated by Township customers, no person other than the
contractor shall collect, transport, store, process or dispose of
such waste. With respect to regulated municipal waste other than contract
waste which is generated by Township customers and regulated municipal
waste or designated recyclable materials which are generated by other
customers, multifamily units or nonresidential units, no person other
than a registered hauler shall collect, transport, store, process
or dispose of such waste. Notwithstanding the foregoing, Township
customers who generate waste other than contract waste and other customers
may transport regulated municipal waste or designated recyclable materials
generated by the Township customer or other customer directly to a
LCSWMA facility, provided that such direct transportation by the generator
shall occur not more than twice a year.
B.
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 contract waste or designated
recyclable materials generated by Township customers.
(2)
A registered hauler with respect to regulated municipal
waste other than contract waste generated by Township customers and
regulated municipal waste, or designated recyclable materials generated
by other customers, multifamily units and nonresidential units.
C.
Notwithstanding the provisions of §§ 118-19B and C and 118-23A and B above, any person who occupies a residential unit or a farm may request Township approval to transport to a LCSWMA facility the regulated municipal waste which was generated at such person's residence or farm. Approval of any such request for an exception to the requirement of using a registered hauler shall be within the sole discretion of the Township and in any event shall not be granted absent a showing by such person that such regulated municipal waste shall be transported in a manner that is safe, sanitary and environmentally sound.
D.
Each registered hauler that collects or transports
regulated municipal waste or designated recyclable materials generated
in any residential unit shall submit to the Township, on forms provided
by the Township, reports concerning the sources, types, weight, etc.,
of the materials collected and shall comply with the LCSWMA rules
and regulations concerning the use of the LCSWMA manifest. All such
reports shall be provided to the Township monthly, no later than the
15th day of the month following the month in which the regulated municipal
waste or designated recyclable materials were collected.
E.
Each registered hauler who provides regularly scheduled
service for the collection of regulated municipal waste from any other
customer shall also collect designated recyclable materials from such
other customer. Each such registered hauler shall establish and shall
notify each other customer of procedures and collection schedules
for the source separation, segregation and packaging of regulated
municipal waste and designated recyclable materials. Such procedure
shall permit commingling of all aluminum, clear glass, colored glass
and steel and bimetallic cans in a single recycling container. Each
such registered hauler shall schedule collections for tires and white
goods at least twice annually and shall give each other customer at
least 30 days' advance notice of the schedule for such collections.
Newsprint shall either be bagged or bundled in accordance with instructions
from the registered hauler to each other customer.
F.
Recycling containers for residential units shall be
provided by the Township which shall retain title to all such recycling
containers. The contractor and registered haulers shall distribute
recycling containers to all of their residential unit customers in
accordance with guidelines established by the Township.
G.
Each registered hauler shall give written notice to
each customer of such registered hauler's obligations under this article
and particularly the requirement to offer collection services for
designated recyclable materials.
H.
No registered hauler who collects, transports or disposes
of designated recyclable materials or regulated municipal waste shall,
by 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 a LCSWMA facility in accordance with the LCSWMA rules
and regulations shall be deemed to satisfy the requirements of this
subsection.
I.
All regulated municipal waste and designated recyclable
materials generated or collected in the Township 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.
[Amended 8-4-2020 by Ord. No. 4-20]
No person shall store, process or dispose of
any regulated municipal waste or store, process or recycle any designated
recyclable materials except at a facility. Notwithstanding the foregoing,
yard waste may be composted (in accordance with the Township's guidelines)
on the property on which such waste was generated or on other property
licensed by the Township.
Fees for services provided by the township shall
be charged to all township customers. The amount of fees and the schedule
for payment of fees shall be as adopted by resolution or ordinance
from time to time by the Board of Supervisors.[1]
[1]
Editor's Note: The current fee resolution
is on file in the office of the Township Manager.
From the time of placement for collection at
curbside of any designated recyclable materials other than leaves,
all such designated recyclable materials shall be the property of
the generator, the contractor 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 the contractor
or a licensed hauler, to collect or pick up or cause to be collected
or picked up any such designated recyclable materials. Each such collection
shall constitute a separate and distinct offense.
It shall be a violation of this Article for
any person, unlicensed by the township, to collect or pick up or cause
to be collected or picked up any solid waste within the township.
Each such collection shall constitute a separate and distinct offense.
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 and the township's policies and
procedures.
C.
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
by any township customer. This provision shall not apply to the contract
between the township and the contractor. With respect to any contract
which violates this subsection, such contract shall be deemed void
and the hauler that is a party to such contract shall reimburse to
the applicable township customer any funds which have been paid for
such collection services and shall not collect or attempt to collect
any funds for such collection services.
A.
The township shall have the power to establish service
fees, 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.
(3)
Any other matters deemed necessary or convenient by
the township.
B.
In the event of suspension or revocation of any license
which is issued by the township 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 or any provision of the township's policies and procedures.
All unlawful conduct shall also constitute a public nuisance.
[Amended 9-3-1996 by Ord. No. 3-96; 5-6-1997 by Ord. No. 6-97]
If the Board of Supervisors or the officer designated
to enforce this article by the Board of Supervisors determines that
a person has committed or permitted the commission of a violation
of this article, the Board of Supervisors or such enforcement officer
shall inform such person in writing of the violation, shall notify
such person to cease the violation of this article and shall inform
such person that he or she must pay a civil penalty to the township
within the range of the amounts set forth below to settle the violation.
The penalty for a first offense shall be not less than $50 and not
more than $600; the penalty for a second offense shall be not less
than $100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 and not more than $600. If such
person fails or refuses to remit the penalty to the township within
10 days from the date of the written notice of the violation of this
article, the township may commence a civil enforcement proceeding
seeking penalties and costs for the violation of this article and/or
may commence an action in equity. The township shall seek a judgment
for the penalty previously imposed, together with additional daily
penalties for continuing violations, plus all court costs, including
the reasonable attorneys' fees incurred by the Township in the enforcement
proceedings. Each day that a violation continues shall constitute
a separate violation, and each section of this article which is violated
shall constitute a separate violation. If the defendant neither pays
nor timely appeals the judgment, the township may enforce the judgment
pursuant to the applicable rules of civil procedure.
For purposes of the obligations established
by this Article or the township's policies and procedures and for
purposes of any fine, penalty, imprisonment or other sanction, the
terms "person," "township customer," "other customer," "residential
unit," "multifamily unit" and "nonresidential unit" shall include
officers, directors and partners of any corporation or partnership
or other legal entity having officers, directors or partners 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.
A.
In addition to any other remedy provided in this Article,
the township may institute proceedings to restrain any violation of
or to require compliance with this Article and/or the township's policies
and procedures.
B.
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 township's policies and procedures. The existence
or exercise of any remedy shall not prevent the township from exercising
any other remedy provided under this Article or the township's policies
and procedures or available at law or equity, including the filing
of a lien for the nonpayment of service fees.
This Article is in addition to and not in lieu
of Ordinance No. 87-1A, enacted and approved January 20, 1987.[1] Any ordinances other than Ordinance No. 87-1A which pertain
to regulated municipal waste or recyclable materials, including but
not limited to Ordinance No. 2-91, are hereby repealed to the extent
of any inconsistency with this Article.
