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, 35 P.S. § 6018.101
et seq.
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, 53 P.S. § 4000.101 et seq.
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.
BULKY WASTE
Large items of solid waste, including but not limited to
furniture and large automobile parts.
[Amended 8-4-2020 by Ord. No. 4-20]
COMMENCEMENT DATE
January 1, 2022, the date upon which the Township's contract
for collection of contract waste will begin after the expiration of
the contract which commenced on January 1, 2016. The term commencement
date shall also be January 1 of the calendar year after the Township
solicits for bids and awards a contract for collection of contract
waste each time after 2022 the Township solicits for bids and awards
a contract for collection of contract waste.
[Amended 4-6-2021 by Ord. No. 2-21]
COMMINGLED
Recyclable materials which have been segregated from regulated
municipal waste but 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.
CONTRACT
The agreement between the Township and a hauler effective
on the commencement date under which collection services are to be
provided to residential units for contract waste and for recyclable
materials other than leaves.
[Amended 4-6-2021 by Ord. No. 2-21]
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.
CURBSIDE
The correct location for the placement of refuse containers
and recycling containers for the purpose of collection by the contractor,
which shall be adjacent to the residential unit and no more than five
feet from the public street used by collection vehicles.
CUSTOMER
There are two types of customers in the Township's program
for the collection of regulated municipal waste and designated recyclable
materials. The two types of customers are defined as follows:
[Amended 4-6-2021 by Ord. No. 2-21]
(1)
CUSTOMER, TOWNSHIPThe owner of a residential unit that has not followed the procedure in §
118-19 to opt out of the Township contract.
(2)
CUSTOMER, OTHERThe owner of a residential unit that has followed the procedure set forth in §
118-19 to opt out of the Township contract and that has entered into a contract with a hauler registered with the Township 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 township which was legally
entered into prior to the effective date of this Article and which,
when entered into, was legally enforceable.
EXTRA REFUSE CONTAINERS
Refuse containers which are in excess of the two refuse containers
per collection site limit.
EXTRA SERVICE TAG
A label which shall 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 shall or may be delivered or, in the absence of a specific
site or person being designed 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:
(1)
Is in possession of all applicable local, state
and federal permits.
(2)
Is operating in accordance with all applicable
local, state and federal laws and regulations.
(3)
Provides LCSWMA with such data and information
as LCSWMA requests, including, without limitation:
(a)
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.
(b)
Proof that the site is in compliance with Subsections
(1) and
(2) of this definition.
(c)
Proof that all such materials received at the
site are, in fact, recycled in the case of 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.
GLASS, CLEAR
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.
GLASS, COLORED
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.
LCSWMA
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act of 1945, as amended.
LICENSED HAULER
A person who is in possession of all pertinent permits and
licenses which may be required by the township 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, retirement homes and mobile
home parks.
NEWSPRINT
Paper which has been used for the production of daily, weekly
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.
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.
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 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:
(1)
Construction/demolition waste.
(6)
Household hazardous waste.
(7)
Source-separated recyclable materials.
REFUSE CONTAINER
A receptacle which is 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
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. 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 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.
RESIDENTIAL UNIT
Any single-family detached, semidetached or townhouse dwelling
or a dwelling unit within a multifamily building containing three
or fewer units, excluding farms. 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.
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.
TOWNSHIP
The Township of West Hempfield, Lancaster County, Pennsylvania.
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 collection, storage or transportation of regulated
municipal waste within the township.
WHITE GOODS
Large appliances including clothes washers and dryers, dishwashers,
refrigerators and freezers, stoves and ovens, hot-water heaters, air
conditioners and similar appliances.
YARD WASTE
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
[Amended 8-4-2020 by Ord. No. 4-20]