[Adopted 1-5-1987 by Ord. No. 114]
[Amended 11-19-1997 by Ord. No. 178]
A. The following terms shall have the followings meanings
in this article:
COUNTY
The County of Lancaster.
EXISTING CONTRACT
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 the Township.
FACILITY
The waste to energy incinerator to be constructed by or on
behalf of LCSWMA pursuant to the plan.
FULL SYSTEM OPERATION or FULLY OPERATIONAL
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.
LCSWMA
The Lancaster County Solid Waste Management Authority, its
assigns, its successors in interest and its predecessor in interest,
the Lancaster Area Refuse Authority.
MUNICIPALITY
The Township of Warwick, a Township of the second class located
with the County of Lancaster, Commonwealth of Pennsylvania.
PERSON
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 provision 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.
PLAN
The municipal waste management plan for the county adopted
by the county or municipalities therein and approved by the Pennsylvania
Department of Environmental Protection.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, yard waste and other materials which would otherwise
become municipal waste.
REGULATED 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 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 (A) any liquid waste or sludge; (B) any waste
which is defined by existing or future federal or state law or regulation
as hazardous waste or residual waste; (C) infectious waste, pathological
waste or other waste for which treatment or handling requirements
different from those normally applicable to municipal waste apply;
(D) polychlorinated biphenyls, (E) any waste which may be marketable
and which is intentionally segregated for purposes of recycling; and,
(F) materials specifically excluded under applicable county or LCSWMA
ordinances, rules or regulations.
SOURCE SEPARATION
The segregation and collection, prior to delivery to a point
of entry into the system, of materials for the sole purpose of recycling.
SYSTEM
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.
TRANSFER FACILITY
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 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.
[Amended 11-19-1997 by Ord. No. 178]
A. Compliance with county and LCSWMA regulations. The
collection, transportation and disposal of municipal waste present
or generated within the Township 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. § 315,
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 §
260-11 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 this article 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 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.
[Amended 11-19-1997 by Ord. No. 178]
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 Township as a municipal waste processing or disposal
facility, either for municipal waste generated within the Township
or elsewhere, without the express written approval of the Township,
the county and LCSWMA.
B. Recycling. The prohibition set forth in Subsection
A, above, shall not interfere with the operation of any program for recycling.
C. Existing facilities. The prohibition set forth in Subsection
A, above, 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:
(1) The owner or operator of the facility provides written
notice to the county and the Township 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 than authorized by the
facility's solid waste permit and then being accepted, as reflected
on the notice provided the county and Township pursuant to this section.
(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.
(4) Notices under this section shall be submitted to Warwick
Township 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.
[Amended 11-9-1988 by Ord. No. 133; 11-19-1997 by Ord. No.
178]
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/she 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:
A. LCSWMA, the Township, the county may revoke any license issued by LCSWMA to the person in accordance with §
260-2 of this article.
B. LCSWMA may deny any subsequent application by that person for a license pursuant to §
260-2 hereof.
[Amended 11-19-1997 by Ord. No. 178]
The Township has been advised by the county
that the plan proposed 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 8-14-1991 by Ord. No. 149; amended
in its entirety 9-19-2007 by Ord. No. 228]
This article shall be known and may be cited
as the "Warwick Township Solid Waste and Recycling Ordinance."
The Solid Waste Management Act, Act of July
7, 1980, P.L. 380, No. 97, as amended (Act 97), 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 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 (the system) which included,
inter alia, construction of a resource recovery facility for incineration
of municipal waste and generation of energy, expansion of the then-existing
Creswell Landfill, construction of transfer facilities throughout
the County and 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 (Intermunicipal Agreement).
The 1986 Plan determined that it was in the public interest for solid
waste management and disposal to be a public function, established
the Lancaster County Solid Waste Management Authority (LCSWMA) and
designated LCSWMA as the public agency responsible for designing,
financing, constructing and operating the system. The Municipal Waste
Planning, Recycling and Waste Reduction Act, Act of July 28, 1988,
P.L. 556, No. 101 (Act 101) was approved on July 28, 1988. Act 101 gave
certain municipalities, including Warwick Township, (the Township)
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, LCSWMA has
prepared (as a revision to the 1986 Plan) the Lancaster County Municipal
Waste Management Plan of 1990 (the 1990 Plan) and a system for the
collection of municipal waste. The 1990 Plan 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. Warwick Township
has ratified the 1990 Plan and Warwick Township and County have engaged
in mutual and beneficial cooperation and coordination under the 1986
Plan and the Intermunicipal Agreement and have effected an effective,
efficient, reliable and environmentally safe system for the storage,
collection, transportation, processing and disposal of municipal waste.
Pursuant to Act 101 and the request of the County Board of Commissioners,
LCSWMA has prepared (as a revision to the 1990 Plan) the Lancaster
County Municipal Waste Management Plan of 1999 (the 1999 Plan). It
is desirable and appropriate to continue such cooperation by implementing
a recycling program and a municipal waste collection program which
is consistent with the 1990 Plan, the 1999 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
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.L.
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. 556, 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.
CLEAR GLASS
Consists only of clear food and beverage containers made
of glass, of one gallon or less capacity, and comprised of the hard,
brittle and transparent or partially transparent substance produced
by fusion of silica and silicates or sand containing soda and lime
and/or other chemicals and substances usually included in the manufacture
of glass.
COLORED GLASS
Consists only of green or brown food and beverage containers
made of glass, of one gallon or less capacity, and comprised of the
hard, brittle and transparent or partially transparent substance produced
by fusion of silica and silicates or sand containing soda and lime
and/or other chemicals and substances usually included in the manufacture
of glass.
COMMENCEMENT DATE
October 1, 1991, the date upon which the Township's recycling
program and Permitted Collector program began.
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 Township 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:
(1)
Coal refuse as defined in the Coal Refuse Disposal
Control Act (52 U.S.C. §§ 30.51 through 30.62);
(2)
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);
(3)
Solid or dissolved material in domestic sewage;
(4)
Solid dissolved materials in irrigation return
flows;
(5)
Industrial discharges which are point sources
subject to permits under Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. § 1342), or
(6)
Source, special nuclear, or by-product material
as defined by the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011
through 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.
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.
LEAF WASTE
Leaves, garden residue, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
MANIFEST
A form supplied by LCSWMA to be completed and signed by each
Person who collects 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, 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 Township for
the on-site collection of Solid Waste or Recyclable Materials generated
within the Township.
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: No. 1 PETE (such as
soda bottles) and No. 2 HDPE (such as milk, spring water, and detergent
bottles).
POLICE CHIEF
The Chief of the Police Department.
[Added 9-19-2012 by Ord. No. 256]
POLICE DEPARTMENT
The Northern Lancaster County Regional Police Department
or any successor entity whose primary jurisdiction includes the territorial
limits of the Township.
[Added 9-19-2012 by Ord. No. 256]
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 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 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 Township
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 Control
Act or treatment sludges from coal mine drainage treatment
plants, disposal of which is being carried on under and in compliance
with a valid permit issued under the Clean Streams Law.
SCAVENGING
The removal of Designated Recyclable Materials in violation of §
260-27 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.
TOWNSHIP'S POLICIES AND PROCEDURES
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 on-site collection or storage of Regulated Municipal
Waste within the Township.
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.
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 and tree trimmings
up to six inches in diameter, grass clippings, and sod.
All Persons within the Township 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 Township
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 Township'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 on-site 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.
The Township shall have the power to issue the
Township's Policies and Procedures governing all matters set forth
in this article and any other related matters deemed to be necessary
or convenient by the Township. The Township's Policies and Procedures
shall be effective when issued in writing and signed by the Secretary
of the Township. The Township shall have the power to establish record
and reporting requirements, and standards and procedures for the issuance,
administration and revocation of permits, as deemed necessary, including
without limitation, application procedures, fees, standards and conditions
for 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 Township. In the event of suspension
or revocation of any permit which is issued by the Township and/or
license issued by LCSWMA, the Person whose permit is suspended or
revoked shall refund to each Customer any prepaid fees.
It shall be unlawful for any Person to violate,
or cause or permit or assist in the violation of, any provision of
this article. All unlawful conduct shall also constitute a public
nuisance.
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," "Residential Unit," "Multifamily Unit" and "Nonresidential
Unit" shall include officers and directors of any corporation or other
legal entity having officers and directors and refer to, and impose
joint and several liability upon, both the person residing in or occupying
any such Residential, Multifamily or Nonresidential Units and the
owner, landlord, condominium owner's association and/or agent of an
owner, landlord or condominium owner's association of such premises.
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.
The existence or exercise of any remedy provided
by this article shall not prevent the Township from exercising any
other remedy available at law or equity.