[Ord. 2000-1, 5/22/2000, § 1.0]
Any capitalized term which refers to a category or type of solid
waste, if not defined in this Part, shall have the meaning as from
time to time set forth in LCSWMA's rules and regulations. In
addition, as used in this Part, the following terms shall have the
following meanings:
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as now or hereafter amended.
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.
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.
October 2, 2000, the date upon which the Municipality's
program for mandatory collection of designated recyclable materials
begins.
Recyclable materials (1) which have been segregated from
regulated municipal waste but which have not been separated into different
types of recyclable materials, and (2) which have been placed in a
recycling container for the purpose of collection.
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.
A person who independently contracts with a permitted hauler
for the collection of regulated municipal waste and designated recyclable
materials.
[Amended by Ord. No. 2020-06, 12/14/2020[1]]
Those recyclable materials designated in § 20-104 of this Part.
Any contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or recyclable
materials generated or located within the Township which (1) was legally
entered into prior to the effective date of this Part, and (2) when
entered into was legally enforceable.
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 (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,
and (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 and source separated recyclable materials
that were generated in Lancaster County and delivered to the site,
(b) proof that the site is in compliance with (1) and (2) above, and
(c) in the case of source separated recyclable materials, proof that
all such materials received at the site are, in fact, recycled.
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.
Lancaster County Solid Waste Management Authority, a municipal
authority organized and existing under the municipality Authorities
Act of 1945, as amended.
Any facility owned or operated by or on behalf of LCSWMA.
A person who is in possession of all pertinent permits and
licenses which may be required by (1) the Township, and (2) LCSWMA,
for the collection, transportation, storage or disposal of solid waste
or recyclable materials.
A property which contains four or more residential units,
including without limitation, apartment complexes, condominium complexes,
retirement homes and mobile home parks, excluding farms.
The Township of Penn.
Paper which has been used for the production of daily, weekend
and special edition publications commonly known as newspapers.
All commercial, municipal and institutional establishments,
all community activities and all farms, excluding residential units
and multi-family units.
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. For
purposes of the obligations established by this Part and for purposes
of any fine, penalty, imprisonment or other sanction, the term "person"
shall include the officers and directors of any corporation or other
legal entity having officers and directors.
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).
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).
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.
For residential units, the term "recycling container" shall
refer to the 14 gallon, plastic container supplied by the Township.
For multi-family units the term "recycling container" shall refer
to either the six gallon plastic bucket supplied by the Township or
similar receptacle which is constructed of plastic, metal or fiberglass
and has adequate strength for lifting.
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 water supply treatment plant, wastewater
treatment plant or air pollution control facility. The term does not
include source separated recyclable materials.
Any single family detached, semi-detached or townhouse dwelling,
or a dwelling unit within a multifamily building containing three
or fewer dwelling units, excluding farms.
The uncontrolled or unauthorized removal of recyclable materials
from the curbside.
The process of separating, or the separation of, materials
from regulated municipal waste at the point of origin for the purpose
of recycling.
The ferrous metal food or beverage containers commonly known
as tin cans.
Large appliances weighing more than 50 pounds, including
clothes washers, clothes dryers, dishwashers, freezers, refrigerators,
stoves, ovens, hot water heaters, air conditioners, dehumidifiers,
furnaces and electrical heaters.
[1]
Editor's Note: This ordinance also changed the title of this
Part from "Residential Recycling," to "Recycling and Solid Waste."
[Ord. 2000-1, 5/22/2000, § 2.0; as amended by Ord. No. 2020-06, 12/14/2020]
1.
No person shall collect, transport, store, process, or dispose of
regulated municipal waste or collect, transport, store and process
designated recyclable materials generated at a residential unit or
a multifamily unit within the Township unless such person:
A.
Has obtained a license from LCSWMA.
B.
Has registered with the Township pursuant to this Part.
C.
Provides collection service for all designated recyclable materials placed for collection in accordance with § 20-103 of this Part.
D.
Provides collection services for designated recyclable materials,
except white goods and tires, on the same day as regularly scheduled
for collection of regulated municipal waste.
E.
Provides collection services for white goods and tires not less than
once annually.
F.
Transports collects designated recyclable materials to a facility.
[Ord. 2000-1, 5/22/2000, § 3.0]
1.
The Township will provide recycling containers for each residential
unit and multi-family unit.
A.
Residential Units. Each person who generates regulated municipal
waste at a residential unit is encouraged to source separate designated
recyclable materials. Such persons who source separate designated
recyclable materials shall:
(1)
Commingle and place at curbside clear glass, colored glass,
aluminum, steel cans, and plastics inside the recycling container
provided by the Township on the same day regulated municipal waste
is collected.
(2)
Place newsprint in paper bags or tie with string and set at
curbside adjacent to the recycling container provided by the Township
on the same day regulated municipal waste is collected.
B.
Multi-family Units. Each person who owns or occupies a multi-family
unit is encouraged to provide proper collection, transportation and
disposal of regulated municipal waste and designated recyclable materials
by utilizing a permitted hauler to transport such waste to a facility.
Each person who owns a multi-family unit is encouraged to:
[Amended by Ord. No. 2020-06, 12/14/2020]
(1)
Provide recycling containers at easily accessible locations
for source separation of designated recyclable materials.
(2)
Provide written instructions to all persons occupying each multi-family
unit to ensure that all designated recyclable materials are source
separated.
(3)
Provide collection and transportation to a facility of source
separated designated recyclable materials at a frequency of not less
than once per month.
[Ord. 2000-1, 5/22/2000, § 4.0; as amended by Ord. No. 2020-06, 12/14/2020]
[Ord. 2000-1, 5/22/2000, § 5.0]
1.
General Regulations.
A.
All regulated municipal waste and recyclable materials shall be stored
so as to prevent the attraction, harborage or breeding of insects
or rodents and to eliminate conditions harmful to public health or
which create safety hazards, odors, unsightliness and public nuisances.
B.
A sufficient number of containers shall be provided by the generators
to contain all regulated municipal waste and recyclable materials
generated during periods between regularly scheduled collection as
may be necessary to meet the requirements of Subsection 1A.
C.
Registered haulers shall supply each residential unit with a recycling
container, which shall be provided by the Township. The owner or the
registered hauler shall provide recycling containers for multi-family
units.
[Amended by Ord. No. 2020-06, 12/14/2020]
D.
All storage practices shall at a minimum conform to the requirements
of all applicable federal, state, and local laws and regulations.
E.
Each person having regulated municipal waste or designated recyclable
materials shall provide themselves with approved refuse and recycling
containers and shall place and keep all regulated municipal waste
and designated recyclable materials therein. Solid waste of a nondecomposable
nature and rubbish may be stored in tightly secured bundles of such
size to be readily handled at time of collection and so as to minimize
litter.
F.
Bulky waste shall be stored so that collection of water and harborage
of rodents are prevented.
G.
Containers shall be stored on the property where the regulated municipal
waste and designated recyclable materials are generated.
H.
Regulated municipal waste or source separated recyclable materials
from residential units shall not be stored at curbside prior to collection.
I.
No regulated municipal waste or source separated recyclable materials
shall be placed at curbside for collection more than 24 hours in advance
of the scheduled time for collection.
2.
Disposable Containers. Disposable refuse containers such as paper
and polyethylene bags shall be acceptable for storage of regulated
municipal waste provided the following conditions are met:
A.
Only those bags specially designed for storage and collection shall
be used.
B.
Bags shall be protected against precipitation, animal damage and
over loading to prevent littering or attracting of vectors.
C.
Bags shall have a holding strength capable of withstanding stresses
until they are collected.
D.
Bag openings shall be securely closed prior to setting out for collection.
3.
Recycling Containers.
A.
Individual recycling containers utilized for the collection of recyclable
materials at residential units shall comply with the following requirements:
(1)
The container shall be a container delivered by a registered
hauler, which is provided by the Township made of rigid plastic construction,
with a capacity of not more than 20 gallons.
[Amended by Ord. No. 2020-06, 12/14/2020]
(2)
Title to individual recycling containers shall remain in the
Township.
(3)
The Township shall replace any recycling containers, which are
damaged when the damaged container is returned to the Township.
B.
Bulk recycling containers utilized for the storage of recyclable
materials at multi-family units shall comply with the following requirements:
[Ord. 2000-1, 5/22/2000, § 6.0; as amended by Ord. No. 2020-06, 12/14/2020]
1.
All persons who desire to collect, transport, store, process or dispose
of regulated municipal waste or collect, transport, store, and process
designated recyclable materials within the Township shall register
with the Township prior to performance of any such activities.
2.
Every person desiring to be registered under this Part shall make
application to the Township. Such application shall include the name
and address of the person making application, proof of a valid license
issued by LCSWMA, identification of other municipalities which have
permitted and/or registered that person and whether any licenses,
registrations, or permits have been revoked by LCSWMA or any other
municipality which requires registration or permitting of haulers.
3.
Applicants to register as a hauler allowed to operate within the
Township shall demonstrate that:
A.
LCSWMA has issued a valid license to the applicant.
B.
The applicant's operation is in conformity in all respects with
the rules and regulations of the Pennsylvania Department of Environmental
Protection, LCSWMA and all Township ordinances and the Township policies
and procedures.
C.
Solid waste and designated recyclable materials shall be suitably
enclosed or covered in all vehicles to be used so as to prevent roadside
littering, attraction of vectors or the creation of other nuisances.
D.
All disposal of solid waste other than designated recyclable materials
shall be at a facility.
E.
All designated recyclable materials shall be recycled and shall not
be disposed of as waste.
F.
Liability and workers' compensation insurance has been obtained
for the applicant's proposed operation in the township. A certificate
of insurance demonstrating workers' compensation coverage at
statutory limits and liability insurance, with limits of at least
$500,000/$1,000,000 for bodily injury and $100,000 for property damage
shall be provided.
G.
All vehicles to be used have been properly licensed and inspected
and that all drivers have valid operator's licenses for the class
of vehicle operated by the driver.
4.
All registrations shall be issued for a period of one year.
5.
Registration may be suspended or revoked by the Township at any time
for just cause. Just cause shall include but not be limited to where
the registered hauler:
A.
Fails to maintain a valid license issued by LCSWMA.
B.
Violates any of the provisions of this Part or the Township's
policies and procedures.
C.
Improperly disposes of designated recyclable materials or solid waste.
D.
Scavenges.
E.
Fails to perform in good faith all the covenants of any agreement
entered into with Township customers or other customers.
6.
Any person who has been denied a registration or whose registration
has been suspended or revoked may appeal the denial, suspension or
revocation to the Board of Supervisors. Such appeal shall be made,
in writing, within 10 days after such decision has been made. The
appeal shall be verified by an affidavit and shall be filed with the
Township Secretary. The appellant or his or her representative shall
have the right to appear and be heard, if such right is requested
in the written appeal. The appeal shall be accompanied by the appeal
fee established by resolution or ordinance of the Board of Supervisors,
and no appeal shall be considered complete without the payment of
the appeal fee. A prompt decision on such appeal shall be made by
the Board of Supervisors.
7.
Registrations are not transferable to any other person.
[Ord. 2000-1, 5/22/2000, § 7.0]
1.
Residential Units.
[Amended by Ord. No. 2020-06, 12/14/2020]
A.
No person other than a registered hauler shall collect or transport
regulated municipal waste or designated recyclable materials generated
in any residential unit.
B.
Notwithstanding the provisions of Subsection 1A of this section,
any person who occupies a residential unit may request the Board of
Supervisors to approve transportation of regulated municipal waste
and designated recyclable materials which were generated at the residential
unit. Approval of such requests for an exemption to the requirement
to use a registered hauler shall be within the sole discretion of
the Board of Supervisors and shall be granted only upon demonstration
by the person that all regulated municipal waste and designated recyclable
materials be disposed of at a facility and shall be transported in
a manner that is safe, sanitary and environmentally sound.
C.
Each registered hauler who provides regularly scheduled service for
the collection of regulated municipal wastes from a residential unit
shall also collect designated recyclable materials except for white
goods and tires from such residential unit on the same day. Each registered
hauler shall establish and notify each customer of procedures for
the source separation, segregation, and packaging of regulated municipal
waste and designated recyclable materials. Such procedure shall permit
the commingling of all aluminum, clear glass, colored glass, plastic
and steel cans in a single recycling container. Each registered hauler
shall schedule collections for tires and white goods at least twice
annually and shall give customers at least 30 days' advance notice
of the schedule for such collections. Newsprint shall either be bagged
or bundled in accordance with instructions from the registered hauler
to the customer.
D.
Each registered hauler shall submit to the Township, on forms provided
by the Township on or before the 15th day of the month, monthly reports
concerning the regulated municipal wastes and designated recyclable
materials collected in the proceeding month. Each registered hauler
shall also comply with all LCSWMA manifest requirements.
E.
The Township shall provide recycling containers to all residential
units, and shall retain title to all such recycling containers. Registered
haulers shall distribute recycling containers to all of their residential
unit customers in accordance with guidelines to be established by
the Township.
2.
Nonresidential and Multi-family Units. No person other than a registered
hauler shall collect or transport regulated municipal waste or designated
recyclable materials generated in any multi-family unit.
[Amended by Ord. No. 2020-06, 12/14/2020]
3.
General Regulations.
A.
All regulated municipal waste and designated recyclable materials
generated or collected in the Township shall be transported directly
to a facility in accordance with the LCSWMA rules and regulations
and without any intervening transfer, unloading, processing, sorting,
salvaging, scavenging or reuse of any portion of any load of such
regulated municipal waste and designated recyclable materials from
the time of its collection until the time of its delivery to the facility.
B.
No registered hauler who collects, transports or disposes of designated recyclable materials or regulated municipal waste shall by contract for such services or otherwise, cause, permit, or assist in the storage, collection, transportation, processing or disposal of designated recyclable materials in a manner which treats such materials as regulated municipal waste, or which is otherwise inconsistent with source separation or recycling. Any delivery of designated recyclable materials to a LCSWMA facility in accordance with the LCSWMA rules and regulations shall be deemed to satisfy the requirements of this Subsection 3.
[Amended by Ord. No. 2020-06, 12/14/2020]
C.
Each registered hauler shall give written notice to each customer
of such registered haulers obligation under this Part, their collection
schedule and particularly the requirement to offer collection service
for designated recyclable materials.
[Amended by Ord. No. 2020-06, 12/14/2020]
D.
All registered haulers who insure that the collection of regulated
municipal waste and source separated recyclable materials shall comply
with the following requirements:
[Amended by Ord. No. 2020-06, 12/14/2020]
(1)
Regulated municipal waste and source separated recyclable materials
shall be collected on the same day from residential units as provided
in Subsection 3C above, and collection shall be made a minimum of
once a week.
(2)
Collection from residential units shall occur on weekdays between
the hours of 5:00 a.m. and 6:00 p.m., prevailing time. Notwithstanding
the foregoing, Saturday collections will be permitted if a holiday
has occurred within a week on which collection is to be made. No Sunday
collections are permitted.
(3)
No municipal waste or source separated recyclable materials
shall be blown, scattered or deposited upon the ground in the process
of collection or transportation.
[Ord. 2000-1, 5/22/2000, § 8.0]
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 licensed hauler who has contracted
to provide collection, as provided in the contract between the generator
and the licensed hauler. It shall be a violation of this Part 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.
[Ord. 2000-1, 5/22/2000, § 9.0]
1.
Nothing in this Part shall be construed to impair the obligations
of any existing contract.
2.
No renewal or modification of any existing contract, and no new contract
for the storage, collection, transportation, processing or disposal
of regulated municipal waste or recyclable materials, shall be entered
into after the effective date of this section unless such renewal
or modification or new contract shall conform to the requirements
of this Part.
3.
No contract which is entered into, renewed, extended, modified or
assigned after the effective date of this section shall provide for
collection services for regulated municipal waste to be performed
after the commencement date unless collection services are also offered
for recyclable materials. With respect to any contract which violates
this Part, such contract shall be deemed void and the licensed hauler
that is a party to such contract (A) shall reimburse to the applicable
residential units and multi-family units any funds which have been
paid for such collection services as violate this Part, and (B) shall
not collect or attempt to collect any funds for such collection services
as violate this Part.
[Ord. 2000-1, 5/22/2000, § 10.0]
It shall be unlawful for any person to violate, or cause or
permit or assist in the violation of, any provision of this Part.
All unlawful conduct shall also constitute a public nuisance.
[Ord. 2000-1, 5/22/2000, § 11.0; as amended by
Ord. 2012-02, 2/13/2012]
Any person violating any provisions of this Part, 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 Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
[Ord. 2000-1, 5/22/2000, § 12.0]
In addition to any other remedy provided in this Part, the Township
may institute proceedings to restrain any violation of, or to require
compliance with, this Part.
