[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:
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97, as now or hereafter amended.[2]
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]
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.
Designated recyclable materials:
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.
A person who independently contracts with a licensed hauler
for the collection of regulated municipal waste and designated recyclable
materials.
Those recyclable materials designated in § 362-45 of this article for source separation.
Any contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or recyclable
materials generated or located within the municipality which:
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:
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; and
Provides LCSWMA with such data and information as LCSWMA requests,
including, without limitation:
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;
In the case of source-separated recyclable materials, proof
that all materials received at the site are, in fact, recycled.
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.
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.
Lancaster County Solid Waste Management Authority, a municipal
authority organized and existing under the Municipality Authorities
Act of 1945, as amended.[4]
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 for the collection, transportation,
storage or disposal of solid waste or recyclable materials.
A property which contains four or more residential units,
including without limitation, apartment complexes, condominium complexes,
retirement homes and mobile home parks, excluding farms.
The Township of Manor.
Paper which has been used for the production of daily, weekend
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.
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 plastic as identified on the bottom of the container
and consisting of two types of containers, namely:
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.
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.
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.
A container which is:
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.
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a building containing three or fewer dwelling
units, excluding farms.
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."
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.
All garden residues, grass clippings, shrubbery and tree
prunings less than 1/4 inch in diameter and similar material, but
excluding leaves.
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:
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]
[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.
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:
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.
