[Adopted 1-19-1987 by Ord. No. 88]
Any person who engages in unlawful conduct as defined in this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Upon finding that any person has engaged in unlawful conduct as defined in this article:
A. LCSWMA, the municipality, the county may revoke any license issued by LCSWMA to that person in accordance with §
224-2 of this article; and
B. LCSWMA may deny any subsequent application by that person for a license pursuant to §
224-2 hereof.
The municipality has been advised by the county that the plan proposes to provide for solid waste processing and disposal facilities which will be operated efficiently and economically by LCSWMA and in accordance with all applicable laws and regulations, and also that LCSWMA will impose reasonable charges, which will be uniform among all classes of the users of the plant or plants from participating municipalities which execute the intermunicipal agreement within 90 days of the date upon which 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.
Sections
224-5 and
224-11 of this article shall become effective immediately, as provided by law, and the remainder of this article shall become effective on the date upon which the system becomes fully operational.
[Adopted 7-15-1991 by Ord. No. 115]
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. 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. 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.
BULK CONTAINER A refuse container not intended to be moved or, if moved, to be transported by vehicle for the purpose of disposal.
COMMENCEMENT DATE October 1, 1991, the date upon which the Municipality's mandatory Recycling program and the Contract collection services begin.
COMMINGLED 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 purposes 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.
CONTRACT The agreement between the Municipality and the Contractor under which collection services are to be provided to specified Residential Units for Contract Waste and Recyclable Materials.
CONTRACTOR The Person providing Contract Waste and Recyclable Materials collection services under the Contract.
CONTRACT WASTE Those portions of Regulated Municipal Waste which are to be collected and disposed of under the Contract. Contract Waste consists exclusively of Refuse and Oversized Refuse Items.
CORRUGATED PAPER (CORRUGATED CARDBOARD) Layered paper or cardboard in which one or more layers is pressed into parallel grooves or ridges and which is normally used for wrapping, packing, shipping and/or storage of dry materials (e.g., packing boxes, appliance boxes). Specifically excluded from this definition are pressboard and cardboard commonly known as "asian board" or "asian cardboard," as well as any corrugated cardboard containing a shiny finished side or sides or which is contaminated with food or other material.
[Added 3-11-2002 by Ord. No. 166]
CURBSIDE The correct location for the placement of Refuse Containers and Recycling Containers for the purpose of collection by the Contractor, which shall be a) adjacent to the Residential Unit, and b) no more than five feet from the public street used by collection vehicles.
CUSTOMER There are two types of customers in the Municipality's program for the collection of Regulated Municipal Waste and Designated Recyclable Materials. The two types are defined as follows:
A. MUNICIPAL CUSTOMERA Residential Unit that elects to receive the collection services for Contract Waste and Designated Recyclable Materials under the Contract.
B. OTHER CUSTOMERA Residential Unit that elects not to receive the collection services under the Contract and that independently contracts with a Licensed Hauler for the collection of Regulated Municipal Waste and Designated Recyclable Materials.
EXISTING CONTRACT Any contract for the storage, collection, transportation, processing, or disposal of Regulated Municipal Waste or Recyclable Materials generated or located within the Municipality which was legally entered into prior to the effective date of this article, and when entered into was legally enforceable.
EXTRA REFUSE CONTAINERS Refuse Containers which are in excess of the three Refuse Container per Collection Site limit under the contract.
EXTRA SERVICE TAG A label which must be affixed to Tires, White Goods, Oversized Refuse Items, Yard Waste, and Extra Refuse Containers in order for such items to be collected by the Contractor.
FACILITY Any specific site or Person designated by LCSWMA as the specific place or site or Person to which Solid Waste or Source-Separated Recyclable Materials, or any portion of Solid Waste or Source-Separated Recyclable Materials, must or may be delivered; or in the absence of a specific site or Person being designated by LCSWMA, any approved site for the delivery of any category of Solid Waste or Source-Separated Recyclable Materials. A site will be deemed an approved site for the purposes of this definition so long as that site a) is in possession of all applicable local, state and federal permits, b) is operating in accordance with all applicable local, state and federal laws and regulations, and c) provides LCSWMA with such data and information as LCSWMA requests, including, without limitation, 1) the quantity, type, source, and date of receipt of Solid Waste and Source-Separated Recyclable Materials that were generated in Lancaster County and delivered to the site, 2) proof that the site is in compliance with a) and b) above, and 3) in the case of Source-Separated Recyclable Materials, proof that all such materials received at the site are, in fact, Recycled.
GLASS, CLEAR 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.
GLASS, COLORED 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.
HOUSEHOLD BATTERIES Cell or cells providing electrical current to small appliances such as electronic units, toys, watches and hearing aids.
[Added 3-11-2002 by Ord. No. 166]
IN-HOME MEDICAL WASTE Items disposed of in accordance with the Township's Policies and Procedures which may pose a potential health and/or safety hazard to those handling the refuse. Such items include, but are not limited to, sharp objects such as needles, syringes and lancets, soiled bandages, disposable sheets and medical gloves.
[Added 3-11-2002 by Ord. No. 166]
LCSWMA Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act, as amended (53 Pa.C.S.A. § 5601 et seq.).
LICENSED HAULER A Person who is in possession of all pertinent permits and licenses which may be required by the Municipality and LCSWMA, for the collection, transportation, storage or disposal of Solid Waste or Recyclable Materials.
MULTIFAMILY UNIT A property with four or more Residential Units, including without limitation, apartment complexes, condominium complexes, retirement homes, and mobile home parks, excluding farms.
MUNICIPALITY The Township of West Lampeter, Lancaster County, Pennsylvania.
MUNICIPALITY'S POLICIES AND PROCEDURES The rules and regulations adopted and revised from time to time by the Municipality which govern and pertain to the Municipality's Recycling program and the collection, storage or transportation of Regulated Municipal Waste with the Municipality.
NEWSPRINT Paper which has been used for the production of daily, weekend and special edition publications and advertisements (i.e., newspaper, magazines and telephone books).
[Amended 3-11-2002 by Ord. No. 166]
NONRESIDENTIAL UNITS All commercial, municipal and institutional establishments, all Community Activities and all farms, excluding Residential Units and Multifamily Units.
OVERSIZED REFUSE ITEMS Refuse which will not fit into Refuse Containers but which is not Bulky Waste, including small furniture, carpet, portable televisions and the like, but excluding Tires and White Goods.
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).
[Added 3-11-2002 by Ord. No. 166]
RECYCLABLE MATERIALS 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.
RECYCLING The separation, collection, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as Waste or the mechanized separation and treatment of Solid Waste and creation and recovery of reusable materials or energy.
RECYCLING CONTAINER For Residential Units, the term "Recycling container" shall refer to the container supplied by the Municipality. For Multifamily Units and Nonresidential Units, the term "Recycling Container" shall refer to a receptacle which is constructed of plastic, metal or fiberglass and has handles of adequate strength for lifting.
REFUSE All Regulated Municipal Waste except the following categories of solid waste:
A. Construction/Demolition Waste.
F. Household Hazardous Waste.
G. Source-Separated Recyclable Materials.
REFUSE CONTAINER A. A receptacle which is:
(1) Constructed of plastic, metal, or fiberglass, having handles of adequate strength for lifting, and having a tight-fitting lid capable of preventing entrance into the container by vectors; or
(2) 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.
B. 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.
REGULATED MUNICIPAL WASTE Any Solid Waste generated or collected within the Municipality which is garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities and any Sludge which is not Residual or Hazardous Waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include Designated Recyclable Materials.
RESIDENTIAL UNIT Any occupied single-family detached, semidetached, or townhouse dwelling, or an occupied dwelling unit within a multifamily building containing three or fewer dwelling units, excluding farms. When used in this article or the Municipality's Policies and Procedures, the term "Residential Unit" shall also refer to any Multifamily Unit or Nonresidential Unit that requests and receives approval from the Municipality to use the collection services provided under the Contract.
SCAVENGING The uncontrolled or unauthorized removal of Recyclable Materials from the Curbside.
SOURCE-SEPARATE OR SOURCE SEPARATION The process of separating, or the separation of, Recyclable Materials from other Solid Waste at the location where generated for the purpose of Recycling.
YARD WASTE All garden residues, leaves, grass clippings and sod.
All Persons within the Municipality shall Source-Separate Designated Recyclable Materials.
[Amended 30-11-2002 by Ord. No. 166]
A. Each person who owns or occupies a Residential Unit, Multifamily Unit or Nonresidential Unit within the Municipality shall ensure that Regulated Municipal Waste and Designated Recyclable Materials generated at Residential Units, Multifamily Residential Units or Nonresidential Units are Source-Separated, properly contained, placed and collected, transported and disposed of in accordance with this article, the Municipality's Policies and Procedures and the LCSWMA Rules and Regulations.
B. Each person who owns or occupies a Residential Unit, Multifamily Unit or Nonresidential Unit within the Municipality shall not burn or permit the burning of any recyclable materials (including leaves).
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 (in accordance with Municipality's guidelines) on the property on which such Waste was generated.
Fees for services provided by the Municipality shall be charged to all Municipal Customers within the Municipality. The amount of fees and the schedule for payment of fees shall be as specified in the Municipality's Policies and Procedures.
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 of the Contractor or the Licensed Hauler who has contracted to provide collection, as provided in the contract. It shall be a violation of this article for any Person, other than such Licensed Hauler, to collect or pick up, or cause to be collected or picked up, any such Designated Recyclable Materials.
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 Municipality'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 Municipality's Policies and Procedures shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
For purposes of the obligations established by this article or the Municipality's Policies and Procedures, and for purposes of any fine, penalty, imprisonment or other sanction, the terms "Person," "Municipal Customer," "Other Customer," "Residential Unit," "Multifamily Unit" and "Nonresidential Unit" shall:
A. Include officers and directors of any corporation or other legal entity having officers and directors; 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 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 Municipality may institute proceedings to restrain any violation of, or to require compliance with, this article and/or the Municipality'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 Municipality's Policies and Procedures. The existence or exercise of any remedy shall not prevent the Municipality from exercising any other remedy a) provided under i) this article or ii) the Municipality's Policies and Procedures, or b) available at law or equity.
This article is in addition to, and not in lieu of, prior ordinances. Prior ordinances, to the extent that they are inconsistent with this article, are hereby repealed.
This article shall become effective five days from enactment, except for §§
224-16 through
224-23 of this article which shall become effective on the Commencement Date.