[HISTORY: Adopted by the Borough Council of the Borough of
Adamstown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-16-1987 by Ord. No. 217A (Ch. 20, Part 1, of the 1990 Code
of Ordinances)]
[Amended 10-2-1990 by Ord. No. 244]
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
SOURCE SEPARATION
SYSTEM
TRANSFER FACILITY
The following terms shall have the following meanings in this Article I:
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 Borough.
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 Borough of Adamstown, a borough located within 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 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 Protection.
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 of "municipal waste" set forth
in Section 103 of the Pennsylvania Solid Waste Management Act, Act
of July 2, 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: (1) any liquid waste or sludge; (2) any waste
which is defined by existing or future federal or state law or regulation
as hazardous waste or residual waste; (3) infectious waste, pathological
waste, or other waste for which treatment or handling requirements
differ from those normally applicable to municipal waste apply; (4)
polychlorinated biphenyls; (5) any waste which may be marketable and
which is intentionally segregated for purposes of recycling; and (6)
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 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 Borough. This prohibition shall become effective 120 days from the effective date of this Article I.
B.
Compliance with rules, regulations and ordinances. In carrying on
activities related to solid waste collection or transportation within
this Borough, 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 Borough 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. § 314, as hereinafter amended.[1]
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19,
2001, P.L. 287, No. 22). See now the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
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 Borough 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 Borough 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 Borough. Disposal of regulated municipal waste at an existing facility from sources reflected on the notice to the Borough, the County and the LCSWMA as provided in § 243-6C 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.
[Amended 10-2-1990 by Ord. No. 244]
A.
Compliance with county and LCSWMA regulations. The collection, transportation
and disposal of municipal waste present or generated within the Borough
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,[1] 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.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19,
2001, P.L. 287, No. 22). See now the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
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 § 243-11 hereof shall be deemed rules and regulations adopted under this Article I, and the County is hereby authorized to adopt such rules and regulations.
C.
Consistency of regulations with ordinance and other laws. No rules or regulations adopted pursuant to this Article I shall be contrary to or less stringent that the provisions of this Article I, the plan, the County Waste Flow Ordinance, the Pennsylvania Solid Waste Management Act 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 Protection or the Pennsylvania Environmental Quality Board governing municipal waste planning, collection, storage, transportation, processing or disposal.
A.
Noninterference with existing contracts. Nothing contained in this article shall be construed to interfere with or in any way modify the provisions of any existing contract in force in the Borough on the effective date of this Article I.
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 I 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 the 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 Borough as a municipal waste processing or disposal facility,
either for municipal waste generated within the Borough or elsewhere,
without the express written approval of the Borough, the County and
LCSWMA.
B.
Recycling. The prohibition set forth in Subsection A of this section shall not interfere with the operation of any program for recycling.
C.
Existing facilities. The prohibition set forth in Subsection A of this section shall not interfere with the operation of any solid waste facility which has been issued a solid waste permit before the effective date of this article, provided:
(1)
The owner or operator of the facility provides written notice to
the County and the Borough of the facility permit number, address,
ownership and existing sources of waste no later than 60 days after
the effective date of this article;
(2)
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 Borough pursuant to this § 243-6; and
(3)
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
DEP-approved municipal waste management plan.
A.
Unlawful conduct. It shall be unlawful for any person to:
(1)
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;
(2)
Violate, cause or assist in the violation of any provision of this Article I, any rule, regulation or order promulgated hereunder, or any rule, regulation or order promulgated by LCSWMA or the County consistent with this article;
(3)
Process, treat, transfer or dispose of or cause to be processed, treated, transferred or disposed of regulated municipal waste generated within the borough 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 § 243-6C of this Article I, without the express written consent of any municipality within which the facility is located, the County and LCSWMA;
(4)
Collect or transport municipal waste present or generated within
the County without a valid license for disposal issued by LCSWMA;
(5)
Hinder, obstruct, prevent or interfere with the Borough, the County,
LCSWMA or their personnel in the performance of any duty under this
article or in the enforcement of this article;
[Amended 10-2-1990 by Ord. No. 244]
Any person who engages in unlawful conduct as defined in this Article I shall, upon conviction thereof in a proceeding before a Magisterial District Judge, be sentenced to pay a fine of not more than $600 and not less than $150 and, in default of payment thereof, shall be committed to the County Jail for a period not exceeding 30 days. Each continuing day of violation of this article shall constitute a separate offense.
Upon finding that any person has engaged in unlawful conduct as defined in this Article I: a) LCSWMA, the Borough or the County may revoke any license issued by LCSWMA to that person in accordance with § 243-2 of this article; and b) LCSWMA may deny any subsequent application by that person for a license pursuant to § 243-2 hereof.
A.
Restraining violations. In addition to any other remedy provided in this article, the Borough, the County or LCSWMA may institute a suit in equity where unlawful conduct or public nuisance exists, as defined in this Article I, 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 § 243-8 hereof and revoke any licenses as authorized by § 243-9 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 Borough, the County or LCSWMA from exercising
any other remedy provided by this article or otherwise provided at
law or equity.
[Amended 10-2-1990 by Ord. No. 244]
A.
Entry into intermunicipal agreement. In order to implement the intent and terms of this Article I, the Borough, pursuant to the authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, codified at 53 P.S. §§ 481 to 490[1] and Article IX, Section 5 of the Constitution of the Commonwealth of Pennsylvania, hereby enters into the intermunicipal joint cooperation agreement between this Borough, the County, and other municipalities within the County of Lancaster, which is incorporated herein, together with such changes consistent with this Article I, if any, as may be approved by the officials of the parties in executing the same, such execution to be conclusive evidence of such approval ("intermunicipal agreement").
[1]
Editor's Note: Former 53 P.S. § 481 et seq. (1972, July
12, No. 180) was repealed and replaced by 53 Pa.C.S.A. § 2301
et seq, the Intergovernmental Cooperation Act 1996, Dec. 19, P.L.
1158, No. 177.
B.
Terms and implementation of intermunicipal agreement. As more fully set forth in the intermunicipal agreement and this Article I.
(1)
Conditions and terms of agreement. In the agreement:
(a)
The County agrees: (i) to arrange for the provision of municipal
waste disposal facilities for the economical and environmentally sound
disposal of municipal waste generated within the participating municipalities;
(ii) to coordinate recycling activities and marketing; and (iii) to
assure continuing municipal waste planning for the County and the
participating municipalities by entering into an agreement with LCSWMA:
(b)
The County and participating municipalities representing, in the aggregate, not less than 60% of the population of the County, each agree to enact a waste flow ordinance in a form substantially similar to this Article I and to assure otherwise that all acceptable municipal solid waste be delivered to the County system;
(c)
The County agrees: (i) to enact rules and regulations; (ii) to cause LCSWMA to enact additional rules and regulations and to administer a licensing program; and (iii) to enforce this Article I and the parallel municipal and county waste flow ordinances;
(d)
The County agrees to assure reasonable solid waste disposal
fees for residents of the participating municipalities; and
(e)
The parties agree to cooperate in the joint enforcement of the
intermunicipal agreement and all ordinances enacted pursuant to the
intermunicipal agreement, and this municipality thereby agrees cooperatively
to exercise, to delegate to the County, and to allow delegation of
such powers, duties and responsibilities as set forth in the intermunicipal
agreement.
(2)
Duration of term of the agreement. The term of the intermunicipal
agreement shall commence upon the date on which the County and other
municipalities representing at least 60% of the population of the
County have executed the intermunicipal agreement and shall terminate
40 years following that date, unless terminated earlier for cause.
(3)
Purpose and objectives of agreement. The purpose of the intermunicipal agreement is to provide a mechanism: a) to finance, to construct and to operate a municipal waste disposal system to serve this Borough and other municipalities within the County; b) to administer a County-wide recycling program and c) to provide continuing municipal waste planning, as more fully set forth in the recitals to the intermunicipal agreement and this Article I.
(4)
Manner and extent of financing the agreement. Enforcement of this Article I shall be financed by the County's general revenues, except insofar as the Borough elects to enforce this Article I; administration of this Article I, the recycling program and planning shall be financed by LCSWMA with revenues received from operation of the County system; and construction and operation of the County system shall be financed by debt instruments issued by LCSWMA and operating revenues.
(5)
Organizational structure necessary to implement the agreement. LCSWMA shall be formed from LARA by amendment of LARA's Articles of Incorporation; LCSWMA shall: a) construct and operate or arrange for the construction and operation of the County system; and b) administer and enforce this Article I and parallel ordinances adopted by the County and other municipalities pursuant to the intermunicipal agreement; and the County and the municipality shall enforce said waste flow ordinances with assistance from LCSWMA.
(6)
Management and acquisition of property. All property within the County
system shall be acquired, managed and disposed of by LCSWMA, in accordance
with its separate agreement with the County and the powers and duties
imposed upon LCSWMA by law.
C.
Execution. Appropriate officers of the Borough are authorized and
directed to execute the intermunicipal agreement on behalf of the
Borough.
The Borough 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 DEP 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 I are to be liberally construed so as best to achieve and to 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 5-3-1994 by Ord.
No. 264 (Ch. 20, Part 2, of the 1990 Code of Ordinances)]
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
(the "County"), the Board of Commissioners of the County (the "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
Protection. The 1986 Plan provided for a comprehensive and integrated
County-wide system for solid waste management ("system"), which included,
inter alia: a) construction of a resource recovery facility for incineration
of municipal waste and generation of energy; b) expansion of the then
existing Creswell Landfill; c) construction of transfer facilities
throughout the County; and d) development of a recycling program.
In order to implement the 1986 Plan and finance the system, the County
and each municipality within the County enacted certain waste flow
control ordinances and entered into a joint cooperation agreement
(the "intermunicipal agreement"). The Municipal Waste Planning, Recycling
and Waste Reduction Act, Act 101 of 1988,[2] was approved on July 28, 1988, and gave certain municipalities,
including the Borough of Adamstown, the authority to develop and implement
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 Borough of Adamstown 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.
Any capitalized term, if not defined in this article, shall
have the meaning as from time to time set forth in Act 97, Act 101
or 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.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.
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
The rules and regulations adopted and revised from time to
time by the Borough which govern and pertain to:
The date upon which the Borough's mandatory recycling
program begins: July 1, 1994.
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 source-separated recyclable materials designated in § 243-20 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 Borough, 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, shall 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 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; 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
or source-separated recyclable materials that were generated in Lancaster
County and delivered to the site;
Proof that the site is in compliance with A and B above; and
In the case of source-separated recyclable materials, proof
that all such materials received at the site are, in fact, recycled.
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 or 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
or lime and/or other chemicals and substances usually included in
the manufacture of glass.
Any person collecting, hauling and/or disposing of solid
waste in any manner within the Borough.
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: a) the Borough; and b) 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.
A portion of regulated municipal waste consisting of materials
which cannot be handled by LCSWMA's normal collection, processing
or disposal methods or which are greater than six feet in any dimension.
Nonprocessible refuse includes, without limitation, large auto parts,
machinery, boats, recreational vehicles, etc.
All commercial, municipal and institutional establishments
and all community activities, 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.
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, 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 Borough. 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 receptacle which is: a) 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 containers
by vectors; or b) a polyethylene bag which: 1) is specifically designed
for storage and collection; 2) is protected against animal damage
and overloading so as to prevent littering or attraction of insects
or rodents; and 3) 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 Borough
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.
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.
Large appliances, including clothes washers and dryers, dishwashers,
refrigerators and freezers, stoves and ovens, hot water heaters, air
conditioners, dehumidifiers and similar appliances.
All garden residues, grass clippings, leaves and sod.
[1]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (June 19,
2001, P.L. 287, No. 22). See now the Municipality Authorities Act,
53 Pa.C.S.A. § 5601 et seq.
All persons within the Borough shall source-separate designated
recyclable materials.
Each person who owns or occupies a residential unit, multifamily
or nonresidential unit within the Borough shall ensure that regulated
municipal waste and designated recyclable materials generated at such
residential unit, multifamily unit or nonresidential unit are source-separated
and collected, transported and disposed of in accordance with this
article, the Borough's policies and procedures and the LCSWMA
rules and regulations.
Each person who owns or occupies a residential unit shall provide
proper collection, transportation and disposal of regulated municipal
waste and designated recyclable materials generated at such residential
units by utilizing a licensed hauler to collect and transport such
materials to a facility. Leaves shall be source-separated to be collected
and/or disposed of from time to time as directed by the Borough.
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 designated recyclable materials
by utilizing a licensed hauler to collect and transport such materials
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 of source-separated designated
recyclable materials at a frequency of not less than once per month.
C.
Each person who owns or occupies a multifamily unit or nonresidential
unit shall source-separate and prepare leaves for collection in accordance
with the Borough's policies and procedures.
A.
General regulations.
(1)
All regulated municipal waste and recyclable materials shall be stored
so as to prevent the attraction, harborage or breeding of insects
or rodents and to eliminate conditions harmful to public health or
which create safety hazards, odors, unsightliness and public nuisances.
(2)
A sufficient number of containers shall be provided by generators to contain all regulated municipal waste and recyclable materials generated during periods between regularly scheduled collection as may be necessary to meet the requirements of Subsection A(1) of this section.
(3)
Licensed haulers shall supply each residential unit with a recycling
container, which shall be provided by the Borough. Recycling containers
for multifamily units and nonresidential units shall be provided either
by the owner or the licensed hauler.
(4)
All storage practices shall, at a minimum, conform to the requirements
of all applicable federal, state and local laws and regulations.
(5)
Each person having regulated municipal waste or designated recyclable
materials shall provide himself with approved refuse and recycling
containers and shall place and keep all regulated municipal waste
and designated recyclable materials therein. Solid waste of a nondecomposable
nature and rubbish may be stored in tightly secured bundles of such
size to be readily handled at time of collection and so as to minimize
litter.
(6)
Nonprocessible waste shall be stored so that collection of water
and harborage of rodents are prevented.
(7)
Containers shall be stored on the property where the regulated municipal
waste and designated recyclable materials are generated.
(8)
Regulated municipal waste or source-separated recyclable materials
from residential units shall not be stored at curbside prior to collection.
(9)
No regulated municipal waste or source-separated recyclable materials
shall be place at curbside for collection more than 24 hours in advance
of the scheduled time for collection.
B.
Disposable containers. Disposable refuse containers, such as paper
and polyethylene bags, shall be acceptable for storage of regulated
municipal waste, provided the following conditions are met:
(1)
Only those bags specially designed for storage and collection shall
be used.
(2)
Bags shall be protected against precipitation, animal damage and
overloading to prevent littering or attracting of vectors.
(3)
Bags shall have a holding strength capable of withstanding stresses
until they are collected.
(4)
Bag openings shall be securely closed prior to setting out for collection.
C.
Recycling containers.
(1)
Individual recycling containers utilized for the collection of recyclable
materials at residential units shall comply with the following requirements:
(a)
The container shall be a container delivered by a licensed hauler,
which is provided by the Borough, made of rigid plastic construction
with a capacity of not more than 20 gallons.
(b)
Title to individual recycling containers shall remain in the
Borough.
(c)
The Borough shall replace any recycling containers which are
damaged when the damaged container is returned to the Borough. Stolen
or lost containers will be replaced for a fee.
(2)
Bulk recycling containers utilized for the storage of recyclable
materials at multifamily and nonresidential units shall comply with
the following requirements:
A.
All persons within the Borough are required to source-separate all
designated recyclable materials.
B.
All regulated municipal waste and designated recyclable materials
shall be drained free of liquids before storage.
C.
All cans, bottles or other food containers shall be rinsed free of
food particles and drained before storage.
D.
Newsprint shall be tied in bundles or placed in paper grocery bags.
A.
All persons who desire to collect, transport, store, process or dispose
of regulated municipal waste or designated recyclable materials within
the Borough shall obtain a license from the Borough prior to performance
of any such activities.
B.
Every person desiring a license under this article shall make application
to the Borough. 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 licensed
that person, whether any licenses have been revoked by LCSWMA or any
other municipality which requires licensing of haulers, description
of the method of collection and description of the place and method
of disposal. All applications shall be accompanied by the annual license
fee set by ordinance or resolution.
C.
Applicants for a license to operate as a licensed hauler within the
Borough shall demonstrate that:
(1)
A valid license has been issued by LCSWMA to the applicant.
(2)
Applicant's operation is in conformity in all respects with
the rules and regulations of the Pennsylvania Department of Environmental
Protection, LCSWMA and all Borough ordinances and the Borough policies
and procedures.
(3)
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 regulated municipal waste other than designated recyclable
materials shall be at a LCSWMA facility.
(5)
All designated recyclable materials shall be delivered to a facility
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 Borough. A certificate
of insurance demonstrating workers' compensation coverage at statutory
limits: liability insurance, with limits of at least $500,000/$1,000,000
for bodily injury and $500,000 for property damage and motor vehicle
bodily injury and property damage insurance with limits of at least
$500,000/$1,000,000 for bodily injury and $500,000 for property damage,
shall be provided.
(7)
All vehicles to be used have been properly licensed and inspected
and all drivers shall have a valid operator's license for the
class of vehicle operated by the driver.
D.
All licenses shall be issued for a period of one year, commencing
July 1 and expiring the following June 30.
E.
Licenses may be suspended or revoked by the Borough Council at any
time for just cause. Just cause shall include, but not be limited
to, the licensed hauler:
F.
Any licensed hauler whose license has been suspended or revoked shall
refund all sums collected in advance for collection services which
have not yet been provided.
G.
Any person who has been denied a license or whose license has been
suspended or revoked may appeal the denial, suspension or revocation
to Borough Council. 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 Borough Secretary. The
appellant or his 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 Borough Council, and no appeal shall be considered complete
without the payment of the appeal fee. A prompt decision on such appeal
shall be made by Borough Council.
H.
Licenses are not transferable to any other person.
I.
Each licensed hauler shall file with the Borough a rate schedule
showing the rates to be charged to its customers for the collection
of regulated municipal waste and designated recyclable material. Such
rate schedule shall not be changed by the licensed hauler without
first giving notice to the customer and the Borough at least 30 days
prior to the effective date of such change. Each licensed hauler shall
be responsible for the billing of customers for the service provided.
J.
Licensed haulers shall prepare a schedule for the collection of regulated
municipal waste and designated recyclable materials from each customer
and a route of collection. Licensed haulers shall be responsible to
notify customers and the Borough of the days collection will be made.
A.
Residential units.
(1)
No person other than a licensed hauler shall collect or transport
regulated municipal waste generated in any residential unit.
(2)
Notwithstanding the provisions of §§ 243-18 and 243-24A(1) herein, any person who occupies a residential unit may request Borough Council to approve transportation of regulated municipal waste which was generated at the residential unit to a LCSWMA facility by the person occupying the residential unit. Approval of such request for an exception to the requirement to use a licensed hauler shall be within the sole discretion of Borough Council and shall be granted only upon demonstration by the person that all regulated municipal waste shall be disposed of at a LCSWMA facility and shall be transported in a manner that is safe, sanitary and environmentally sound.
(3)
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, except for leaves,
yard waste, white goods and tires, from such residential unit on the
same day. 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 procedure shall permit commingling of all aluminum, clear glass,
colored glass and steel and bimetallic cans in a single recycling
container. Newsprint shall either be bagged or bundled in accordance
with instructions from the licensed hauler to the customer. Each licensed
hauler shall schedule collections for tires, white goods, yard waste
and leaves at least once annually and shall give customers at least
30 days' advance notice of the schedule for such collections.
(4)
Each licensed hauler who provides regularly scheduled service for
the collection of regulated municipal waste from a residential unit
shall also, between April 1 and December 31, inclusive, of each calendar
year, remove yard waste separate from regulated municipal waste and
other designated recyclable materials for segregated disposal at a
facility.
(5)
Each licensed hauler shall submit to the Borough, on forms provided
by the Borough, on or before the 15th day of the month, monthly reports
concerning the regulated municipal waste and designated recyclable
materials collected in the preceding month.
(6)
Recycling containers for residential units shall be provided by the
Borough, 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 guidelines to be established
by the Borough.
B.
Nonresidential and multifamily units. 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.
C.
General regulations.
(1)
All regulated municipal waste and designated recyclable materials
generated or collected in the Borough 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 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 C.
(3)
Each licensed hauler shall give written notice to each customer of
such licensed hauler's obligations under this article, its collection
schedule and particularly the requirement to offer collection service
for designated recyclable materials.
(4)
All licensed haulers shall ensure that collection of regulated municipal
waste and source-separated recyclable materials shall comply with
the following requirements:
(a)
Regulated municipal waste and source-separated recyclable materials, except white goods, tires, yard waste and leaves, shall be collected on the same day from residential units as provided in § 243-24A(3), and collection shall be made a minimum of once a week.
(b)
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.
(c)
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.
No person shall store, process or dispose of any regulated municipal
waste or designated recyclable materials except at a facility. Notwithstanding
the foregoing, yard waste may be composted on the property on which
such waste was generated or other property as licensed by the Borough.
It shall be unlawful for any person to deposit, litter, place or accumulate
any regulated municipal waste in any street, alley, water of the commonwealth,
any public place or upon private property, whether owned by such person
or not, except as specifically authorized by this article.
From the time of placement for collection of any designated
recyclable materials, other than leaves, all such designated recyclable
materials shall be the property of the generator or the licensed hauler
who has contracted to provide collection. 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. Each such collection shall constitute
a separate and distinct offense.
It shall be a violation of this article for any person, unlicensed
by the Borough, to collect or pick up, or cause to be collected or
picked up, any solid waste within the Borough. 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 Borough's policies and procedures.
The Borough 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, application procedures, fees, standards and conditions
for licenses and any other matters deemed necessary or convenient
by the Borough. In the event of suspension or revocation of any license
which is issued by the Borough or LCSWMA, the person whose license
is suspended or revoked shall refund to each customer any prepaid
fees.
Borough Council hereby designates the Code Enforcement Officer
as the official to enforce the provisions of this article. The Code
Enforcement Officer shall receive all complaints concerning the operation
of any hauler within the Borough or the failure of any person to comply
with the requirements of this article to use a licensed hauler and
provide for the proper storage and collection of regulated municipal
waste and designated recyclable materials. The Code Enforcement Officer
shall have the power to institute summary criminal proceedings for
the violation of this article and shall be considered a law enforcement
officer under the Pennsylvania Rules of Criminal Procedure for the
purposes of enforcing this article. Notwithstanding the foregoing,
the Code Enforcement Officer shall not have the power to issue licenses
to haulers or to revoke the license of a licensed hauler.
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 Borough'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 Borough's policies and procedures shall, upon conviction
thereof in a summary proceeding, be liable to pay a fine or penalty
of not less than $100 nor more than $1,000, which fines and penalties
may be collected as provided by law. Each violation of any provision
of this article and each day that a violation continues shall be deemed
a separate offense.
For purposes of the obligations established by this article
or the Borough's policies and procedures, and for the purposes
of any fine, penalty, imprisonment or other sanction, the terms "person,"
"customer," "residential unit," "multifamily unit" and "nonresidential
unit" shall: a) include officers, directors and partners of any corporation,
partnership or other legal entity having officers, directors and partners;
and b) refer to, and impose joint and several liability upon, both:
1) the persons residing in or occupying any such residential, multifamily
or nonresidential units; and 2) 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
Borough may institute proceedings in equity to restrain any violation
of, or to require compliance with, this article and/or the Borough'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 Borough's policies and procedures. The existence or exercise
of any remedy shall not prevent the Borough from exercising any other
remedy provided under this article or the Borough's policies
and procedures or available at law or equity.
