[Adopted 12-15-1986 by Ord. No. 412 Ch.
20, Part 1 of the 1996 Code)]
[Amended 4-8-1996 by Ord. No. 475]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $600 and costs and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.
Upon finding that any person has engaged in unlawful conduct as defined in this article, (a) LCSWMA, the Borough, the county may revoke any license issued by LCSWMA to that person in accordance with §
156-2 of this article and (b) LCSWMA may deny any subsequent application by that person for a license pursuant to §
156-2 hereof.
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 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 at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
This article shall be known and may be cited
as the "Denver Borough Trash and Recycling Ordinance."
Any capitalized term, if not defined in this
article, shall have the meaning as from time to time set forth in
the LCSWMA Rules and Regulations which are incorporated into this
article by reference. In addition, as used in this article, the following
terms shall have the following meanings:
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97, as now or hereafter amended.
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.
ALUMINUM
All food and beverage cans made of the light in weight, ductile
and malleable metallic substance or element commonly known as aluminum.
This description excludes aluminum foil, trays, plates and miscellaneous
aluminum products.
BATTERY BAGS
Bags which LCSWMA makes available to Generators of Municipal
Waste and which shall be used as disposal containers for batteries
which are generated in households.
BOROUGH
The Borough of Denver, Lancaster County, Pennsylvania.
BOROUGH'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to
time by the Borough which govern and pertain to the Borough's Recycling
program and the on-site collection or storage of Regulated Municipal
Waste within the Borough.
CLEAR GLASS
Clear Glass consists only of clear food and beverage containers
made of glass, of one gallon or less capacity, and comprised of the
hard, brittle and transparent or partially transparent substance produced
by fusion of silica and silicates or sand containing soda and lime
and/or other chemicals and substances usually included in the manufacture
of glass.
COLORED GLASS
Colored Glass consists only of green or brown food and beverage
containers made of glass, of one gallon or less capacity, and comprised
of the hard, brittle and transparent or partially transparent substance
produced by fusion of silica and silicates or sand containing soda
and lime and/or other chemicals and substances usually included in
the manufacture of glass.
COMMENCEMENT DATE
November 1, 1991, the date upon which the Borough's recycling
program and the predecessor to the Permitted Collector program begin.
COMMINGLED
Designated Recyclable Materials which have been segregated
from Regulated Municipal Waste but which have not been separated into
different types of Recyclable Materials and which have been placed
in a Recycling Container for the purpose of collection.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or
individuals, including but not limited to, fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
COMPOSTING
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
CORRUGATED CARDBOARD
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
CURBSIDE
The correct location for the placement of Refuse Containers
and Recycling Containers for the purpose of collection by the Permitted
Collector, which shall be adjacent to the Residential Unit and no
more than five feet from the public street used by collection vehicles.
CUSTOMER
A Person who independently contracts with a Permitted Collector
for the collection of Regulated Municipal Waste and Designated Recyclable
Materials.
DEP
The Pennsylvania Department of Environmental Protection or
any agency successor thereto
EXISTING CONTRACT
Any contract for the storage, collection, transportation,
processing or disposal of Regulated Municipal Waste or Designated
Recyclable Materials generated or located within the Borough which
was legally entered into prior to the effective date of this article,
and, when entered into, was legally enforceable.
FACILITY
Any specific site designated by LCSWMA (or approved by LCSWMA)
as the specific place or site to which Solid Waste or Source Separated
Recyclable Materials, or any portion of Solid Waste or Source Separated
Recyclable Materials, must or may be delivered; or in the absence
of a specific site being designated by LCSWMA, any approved site for
the delivery of any category of Solid Waste or Source Separated Recyclable
Materials.
FARM
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.
GENERATOR
A Person who produces or creates any Solid Waste.
HAZARDOUS WASTE
A.
Garbage, refuse, sludge from an industrial or
other wastewater treatment plant, sludge from a water supply treatment
plant or air pollution control facility and other discarded material,
including solid, liquid, semisolid or contained gaseous material resulting
from municipal, commercial, industrial, institutional, mining or agricultural
operations, and from community activities, or a combination of these
factors, which because of its quantity, concentration, or physical,
chemical or infectious characteristics may:
(1)
Cause or significantly contribute to an increase
in mortality or morbidity in either an individual or the total population;
or
(2)
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
B.
The term does not include coal refuse as defined
in the Coal Refuse Disposal Control Act (52 U.S.C.A. §§ 30.51
through 30.62), treatment sludges from coal mine drainage treatment
plants, disposal of which is being carried on under and in compliance
with a valid permit issued under the Clean Streams Law (35 P.S. §§ 691.1
through 691.1001), solid or dissolved material in domestic sewage,
solid dissolved materials in irrigation return flows, industrial discharges
which are point sources subject to permits under Section 402 of the
Federal Water Pollution Control Act (33 U.S.C.A. § 1342),
or source, special nuclear, or by-product material as defined by the
Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).
HOUSEHOLD HAZARDOUS WASTE
A portion of Municipal Waste that would be considered hazardous
under Act 97 but for the fact that it is produced in quantities smaller
than those regulated as Hazardous Waste under Act 97 and is generated
by Persons not otherwise covered as Hazardous Waste Generators by
Act 97. Household Hazardous Waste includes the following materials
and other materials of a similar nature:
C.
Chlorinated hydrocarbons;
D.
Fluorescent light bulbs and other mercury-containing
devices;
F.
Grease and rust solvents;
G.
Oven, toilet and drain cleaners;
H.
Paints, rust preventatives, stains and wood
preservatives;
I.
Pesticides, fungicides, herbicides, insecticides,
rodenticides, roach and ant killers;
J.
Photographic and pool chemicals;
K.
Thinners, solvents and furniture strippers;
L.
Transmission and brake fluids;
M.
Used oil or other hydrocarbon based lubricants;
and
N.
Wood, metal, rug and upholstery cleaners and
polishes.
LCSWMA
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act, as amended.
MANIFEST
A form supplied by LCSWMA to be completed and signed by each
Person who collects or transports Solid Waste or Source Separated
Recyclable Materials and which specifies, inter alia, the source,
type, quantity and delivery point for the Solid Waste or Source Separated
Recyclable Materials; the applicable license number; and other pertinent
information.
MULTIFAMILY UNIT
A property which contains four or more Residential Units,
including, without limitation, apartment complexes, condominium complexes,
retirement homes and mobile home parks, excluding Farms.
NEWSPRINT
Paper which has been used for the production of daily, weekend
and special edition publications, commonly known as "newspapers."
NONRESIDENTIAL UNITS
All commercial, industrial, municipal and institutional establishments,
all Community Activities and all Farms, excluding Residential Units
and Multifamily Units.
OPEN BURNING
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
PERMITTED COLLECTOR
A Person who is in possession of all pertinent permits and
licenses which may be required by the Commonwealth of Pennsylvania
and LCSWMA for the off-site collection, transportation, storage or
disposal of Solid Waste or Recyclable Materials and the Borough for
the on-site collection of Solid Waste or Recyclable Materials generated
within the Borough.
PERSON
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
PLASTICS
Recyclable Plastics are identified on the bottom of the container
and consist of two types of containers, namely: #1 PETE (such as soda
bottles) and #2 HDPE (such as milk, spring water, and detergent bottles).
RECYCLABLE MATERIALS
Any material which would be Regulated Municipal Waste but
for Source Separation and which will be processed into raw materials
or products or which are beneficially reused.
RECYCLING
The separation, collection, recovery and sale or reuse of
metals, glass, paper, yard waste, plastics and other materials which
would otherwise be disposed of or processed as Solid Waste or the
mechanized separation and treatment of Solid Waste and creation and
recovery of reusable materials.
RECYCLING CONTAINER
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 adequate strength for lifting.
REFUSE CONTAINER
A container which is constructed of plastic, metal, or fiberglass,
and which has handles of adequate strength for lifting and 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.
REGULATED MUNICIPAL WASTE
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
materials, resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities and
any sludge not meeting the definition of Residual Waste or Hazardous
Waste from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air pollution control facility.
The term does not include Designated Recyclable Materials or Unacceptable
Waste.
RESIDENTIAL UNIT
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a building containing three or fewer dwelling
units, excluding Farms.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other Waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term does
not include coal refuse as defined in the Coal Refuse Disposal Act
or treatment sludges from coal mine drainage treatment plants, disposal
of which is being carried on under and in compliance with a valid
permit issued under the Clean Streams Law.
SCAVENGING
The removal of Designated Recyclable Materials in violation of §
156-27 of this article.
SINGLE STREAM
A system where Recyclable Materials, commonly fibers and
glass, metal and plastic containers, are collected and processed together.
SOLID WASTE or WASTE
Any waste, including but not limited to Municipal, Residual,
or Hazardous Wastes, including solid, liquid, semisolid or contained
gaseous materials.
SOURCE-SEPARATE or SOURCE SEPARATION
The process of separating, or the separation of, Designated
Recyclable Materials from other Solid Waste at the location where
generated for the purpose of Recycling.
STEEL CANS
The ferrous metal food or beverage containers commonly known
as "tin cans."
TIRES
Any pneumatic rubber automobile, truck, or farm implement
tire.
UNACCEPTABLE WASTE
The following types of Solid Waste are Unacceptable Waste
unless approved by LCSWMA on a case-by-case basis:
B.
Drums, barrels, buckets and paint cans unless
lids have been removed and interiors are cleaned and free of any residue;
C.
Explosives and ordnance materials;
D.
Gas cylinders, unless empty and delivered separate
from other Solid Waste;
F.
Infectious/pathological waste; and
WHITE GOODS
A portion of Regulated Municipal Waste consisting of large
appliances, including the following: clothes washers, clothes dryers,
dishwashers, freezers, refrigerators, stoves, ovens, hot water heaters,
air conditioners, dehumidifiers, furnaces and electrical heaters.
YARD WASTE
All garden residues, leaves, shrubbery, tree trimmings, grass
clippings, and sod.
YARD WASTE BAG
A thirty-gallon biodegradable kraft paper bag provided by
the Borough to Customers for the Collection of Yard Waste.
All Persons within the Borough shall Source-Separate
Designated Recyclable Materials generated by such Person or generated
within a Residential Unit, Multifamily Unit or Nonresidential Unit
occupied by such Person.
Each Person who owns or occupies a Residential
Unit, Multifamily Unit or Nonresidential Unit within the Borough shall
ensure that Regulated Municipal Waste and Designated Recyclable Materials
generated at such Residential Unit, Multifamily Unit or Nonresidential
Unit are collected 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 and disposal of Regulated Municipal
Waste and Designated Recyclable Materials generated at such Residential
Units by either themselves delivering such materials to a Facility
or utilizing a Permitted Collector to collect and deliver such materials
to a Facility.
From the time of placement for collection of
any Designated Recyclable Materials, all such Designated Recyclable
Materials shall be the property of the Generator or the Permitted
Collector who has contracted to provide collection. It shall be a
violation of this article for any Person, other than such Permitted
Collector, to collect or pick up, or cause to be collected or picked
up, any such Designated Recyclable Materials. Nothing in this section
shall be deemed to include the collection of roadside litter or uncontained
refuse for proper disposal or recycling.
The Borough shall have the power to adopt from
time to time by resolution the Borough's Policies and Procedures governing
all matters set forth in this article and any other related matters
as may be deemed necessary or convenient by the Borough. The Borough's
Policies and Procedures shall be effective when adopted and issued
in writing. The Borough shall have the power to establish record and
reporting requirements, and standards and procedures for the issuance,
administration and revocation of collection permits, as deemed necessary,
including without limitation: application procedures, fees, standards
and conditions for collection permits; the fixing of a monetary bond,
with or without surety, to secure the compliance by any Permitted
Collector with any such requirements, standards or procedures; and
any other matters deemed necessary or convenient by the Borough. In
the event of suspension or revocation of any license or permit which
is issued by the Borough or LCSWMA or DEP, the Person whose collection
permit is suspended or revoked shall refund to each Customer any prepaid
fees, prorated to the date such revocation becomes final.
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.
[Amended 7-29-2013 by Ord. No. 612]
Any Person violating any provision of this article
shall, upon conviction thereof in a summary proceeding, be sentenced
for each violation to pay a fine of not more than $1,000 and costs
of prosecution and, in default of the payment of such fine and costs,
to undergo imprisonment for not more than 30 days. Each violation
of any provision of this article, and each day that such a violation
shall exist, shall constitute a separate violation and offense. Upon
summary conviction or in a civil action, the defendant may be assessed
reasonable attorneys’ fees incurred by the Borough in the enforcement
proceedings in accordance with Section 3321(6) of the Borough Code.
For purposes of the obligations established
by this article or the Borough's Policies and Procedures, and for
purposes of any fine, penalty, imprisonment or other sanction, the
terms "Person," "Residential Unit" and "Multifamily Unit" shall include
officers and directors of any corporation or other legal entity having
officers and directors and refer to, and impose joint and several
liability upon, both the person residing in or occupying any such
Residential or Multifamily Units and the owner, landlord, condominium
owner's association and/or agent of an owner, landlord or condominium
owner's association of such premises. Further, the term "Permitted
Collector" shall include any entity, partnership, proprietorship,
or corporation and the owners and/or officers of same.
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 Permitted Collector within the Borough or the
failure of any person to comply with the requirements of this article
to use a Permitted Collector 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.
In addition to any other remedy provided in
this article, the Borough 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 Borough from exercising any
other remedy available at law or equity.