[Adopted 1-21-1987 by Ord. No. 87-2]
Any person, firm or corporation who engages
in unlawful conduct as defined by this article, upon conviction thereof
in an action brought before a Magisterial District Judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
less than $150 nor more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
90 days. Each day that a violation of this article continues or each
section of this article which shall be found to have been violated
shall constitute a separate offense.
Upon finding that any person has engaged in unlawful conduct as defined in this article, LCSWMA, the Township or the County may revoke any license issued by LCSWMA to that person in accordance with §
210-2 of this article, and LCSWMA may deny any subsequent application by that person for a license pursuant to §
210-2 hereof.
The Township 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 by Ord. No. 7-5-1990]
Any capitalized term which refers to a category
or type of solid waste, if not defined in this article, shall have
the meaning as from time to time set forth in LCSWMA's rules and regulations.
In addition, as used in the 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 known as aluminum. This description
excludes aluminum foil, trays, plates and miscellaneous aluminum products.
COMMENCEMENT DATE
September 1, 1990, the date upon which the Township's mandatory
recycling program and the contract collection services begin.
CO-MINGLED
Recyclable materials which have been segregated from regulated
municipal waste, but which have not been separated into types of recyclable
materials, and which have been placed in a recycling container for
the purpose of collection.
COMMUNITY ACTIVITIES
Events attended by 200 or more individuals per day that are
sponsored by public or private agencies or individuals, including,
but not limited to, fairs, bazaars, socials, picnics and organized
sporting events.
CONTRACT
The agreement between the Township and a hauler under which
collection services are to be provided to residential units for contract
waste and for recyclable materials other than leaves.
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 the following:
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.
B.
No more than five feet from the public street
used by collection vehicles.
DESIGNATED DISPOSAL FACILITY
The facility identified by LCSWMA's rules and regulations
for the disposal or processing of selected categories of recyclable
materials and regulated municipal waste.
EXISTING CONTRACT
Any contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or recyclable
materials generated or located within the Township, which:
A.
Was legally entered into prior to the effective date of §
210-24.
B.
When entered into was legally enforceable.
EXTRA REFUSE CONTAINER
Refuse containers which are in excess of the three refuse
containers per residential unit limit.
EXTRA SERVICE TAG
A label which must be affixed to tires, large appliances,
oversized refuse items, yard waste and extra refuse containers in
order for such items to be collected by the contractor.
FACILITY
Any solid waste storage, collection, transfer, processing
or disposal facility or site constructed, owned or operated by or
on behalf of LCSWMA or approved by LCSWMA for the processing or disposal
of regulated municipal waste or recyclable materials.
GLASS
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 or conveniently
included in the manufacture of glass. For purposes of this article,
the term "glass" shall mean only those materials commonly known as
glass bottles or containers, including all food and beverage containers
made of glass, whether clear or colored, of one gallon or less capacity.
The term "glass" excludes containers of a greater capacity than one
gallon; glass which is not in the form of bottles or containers; glass
which is laminated, wired or mirrored; ceramics or crystal.
LCSWMA
Lancaster County Solid Waste Management Authority, a municipal
authority organized and existing under the Municipalities Authorities
Act of 1945, as amended.
MULTIFAMILY UNIT
A property with four or more residential units including,
without limitation, apartment complexes, condominium complexes, retirement
homes and mobile home parks within the Township, excluding farms.
MUNICIPALITY'S POLICIES AND PROCEDURES
The rules and regulation adopted and revised from time to
time by the Township which govern and pertain to:
A.
The Township's recycling program.
B.
The collection, storage or transportation of
regulated municipal waste within the Township.
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 within the Township, 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, portable televisions
and the like, but excluding tires and large appliances.
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.
RECYCLABLE MATERIALS
Any material which would be regulated municipal waste but
for source separation and which will be separated, collected and processed
into raw materials or products which are beneficially reused (other
than as fuel).
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 regulated municipal
waste, or the mechanized separation and treatment of regulated municipal
waste (other than through combustion) and creation and recovery of
reusable materials other than as a fuel for the creation of energy.
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 handles of adequate strength for lifting.
REFUSE
All regulated municipal waste, except the following categories
of solid waste:
A.
Construction/demolition waste.
F.
Designated recyclable materials.
G.
Household hazardous waste.
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.
(2)
A polyethylene bag which:
(a)
Is specifically designed for storage and collection.
(b)
Is protected against animal damage and overloading
so as to prevent littering or attraction of insects or rodents.
(c)
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 Township
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 waster supply treatment plant, wastewater
treatment plant or air pollution control facility. The term does not
include designated recyclable materials.
RESIDENTIAL UNIT
Any single-family detached, semidetached or townhouse dwelling
or a dwelling unit within a multifamily building containing three
or fewer dwelling units. When used in this article or the Township'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 Township to use the collection services provided
under the contract.
SCAVENGING
The uncontrolled or unauthorized removal of recyclable materials
from the curbside.
YARD WASTE
All garden residues, grass clippings, shrubbery and tree
prunings less than 1/4 inch in diameter, and similar material, but
excluding leaves.
All persons within the Township shall source-separate
designated recyclable materials.
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 and
nonresidential unit are collected, transported and disposed of in
accordance with this article, the Township's policies and procedures
and LCSWMA's rules and regulations.
Collection services for contract waste and for
designated recyclable materials other than leaves shall be provided
to residential units by the contractor. Leaves shall be collected
by the Township. Residential units shall prepare designated recyclable
materials and contract waste for collection in accordance with the
Township's policies and procedures. With respect to regulated municipal
waste which is not contract waste, residential units may elect to
provide proper collection, transportation and disposal by either:
A. Themselves transporting such waste to a facility.
B. Contracting with a LCSWMA-licensed hauler to collect
and transport such waste to a facility.
No person shall store, process or dispose of
any municipal waste on any grounds within the Township other than
a facility. Notwithstanding the foregoing, yard waste may be:
A. Composted on the property which generated such yard
waste.
B. Applied to adjacent agricultural land with the express
written permission of the owner of the agricultural land.
C. Composted on the generating land or applied to adjacent
agricultural lands only:
(1) With the approval of the Township.
(2) In accordance with the Township's policies and procedures.
Fees for services provided by the Township shall
be charged to all residential units within the Township. The amount
of fees and the schedule for payment of fees shall be as published
from time to time by the Township.
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 Township's policies and procedures,
or to make unauthorized use or reproduction of the extra service tags
or recycling containers or other materials which are provided by the
Township.
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
For purposes of the obligations established
by this article or by 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:
A. 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 persons residing
in or occupying any such residential, multifamily or nonresidential
units and the owner, landlord, condominium owners' association and/or
agent of any owner, landlord or condominium owners' association of
such premises.
B. The owner of any residential unit shall provide Township
with the number of separate residential units within the owner's property
and the names and addresses of each occupant of such residential units.
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 and/or the
Township'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 Township's policies and procedures. The existence
or exercise of any remedy shall not prevent the Township from exercising
any other remedy provided under this article, the Township's policies
and procedures, or available law or equity.