[HISTORY: Adopted by the Borough Council
of the Borough of Millersville as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-28-1987 by Ord. No. 1987-3]
A.
COUNTY
EXISTING CONTRACT
FACILITY
FULL SYSTEM OPERATION or FULLY OPERATIONAL
LCSWMA
MUNICIPALITY
PERSON
PLAN
POINT OF ENTRY INTO THE SYSTEM
RECYCLING
REGULATED MUNICIPAL WASTE
(1)
(2)
(3)
(4)
(5)
(6)
SOURCE SEPARATION
SYSTEM
TRANSFER FACILITY
The following terms shall have the following meanings
in this article:
The County of Lancaster.
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 Borough of Millersville.
The waste-to-energy incinerator to be constructed by or on
behalf of LCSWMA pursuant to the plan.
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.
The Lancaster County Solid Waste Management Authority, its
assigns, its successors in interest, and its predecessor in interest,
the Lancaster Area Refuse Authority.
The Borough of Millersville, located within the County of
Lancaster, Commonwealth of Pennsylvania.
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.
The Municipal Waste Management Plan for the county adopted
by the county or municipalities therein and approved by the Pennsylvania
Department of Environmental Protection.
Any delivery site within the system designated by LCSWMA
for delivery of regulated municipal waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, yard waste and other materials which would otherwise
become municipal waste.
Any garbage, refuse, industrial lunchroom or office waste,
and other material, including solid or semisolid material, resulting
from the operation of residential, municipal, commercial or institutional
establishments and from community activities, and any other solid
waste which is within the definition of "municipal waste" set forth
in Section 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:
Any liquid waste or sludge.
Any waste which is defined by existing or future
federal or state law or regulation as hazardous waste or residual
waste.
Infectious waste, pathological waste or other
waste for which treatment or handling requirements different from
those normally applicable to municipal waste apply.
Polychlorinated biphenyls.
Any waste which may be marketable and which
is intentionally segregated for purposes of recycling.
Materials specifically excluded under applicable
county or LCSWMA ordinances, rules or regulations.
The segregation and collection, prior to delivery to a point
of entry into the system, of materials for the sole purpose of recycling.
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.
Any solid waste facility which is now or hereafter may be
established by LCSWMA or the economical consolidation for subsequent
delivery to the facility or other solid waste disposal site.
B.
All other words and phrases shall have the same meanings
set forth in the Pennsylvania Solid Waste Management Act, Act of July
2, 1980, P.L. 380, No. 97, 35 P.S. § 6018.103, as it may
hereafter be amended or supplemented by legislation regarding municipal
waste planning.
A.
Licensing. No person who is not duly licensed by LCSWMA
to deliver waste to the county system may collect or transport municipal
waste located or generated within the Borough of Millersville. This
prohibition shall become effective 120 days from the effective date
this article.
B.
Compliance with rules, regulations and ordinances.
In carrying on activities related to solid waste collection or transportation
within the Borough of Millersville, all municipal waste collectors
and all municipal waste transporters shall comply with all rules,
regulations and ordinances pertaining to the collection, transportation
and disposal of solid waste as may be hereinafter enacted by the Borough
of Millersville or by the county pursuant to a parallel county waste
flow ordinance and all rules and regulations enacted by LCSWMA pursuant
to authority given it under 53 Pa.C.S.A. § 5617.[1]
C.
Administration. Licenses hereunder shall be issued,
revoked and administered by LCSWMA.
A.
Delivery to LCSWMA/county sites. All municipal waste
collectors and transporters shall deliver and dispose of all regulated
municipal waste collected or generated within the Borough of Millersville
at a transfer station or disposal facility owned and operated on behalf
of LCSWMA, subject to such reasonable regulations for the operation
thereof as may be established by the county or LCSWMA.
B.
Disposal at other sites. Disposal of regulated municipal waste collected or generated within the Borough of Millersville may occur at other sites only as permitted by rule, regulation, ordinance or order duly issued by the county or by the written agreement of the county, LCSWMA, and the Borough of Millersville. Disposal of regulated municipal waste at an existing facility from sources reflected on the notice to the Borough of Millersville, the county, and LCSWMA as provided in § 310-6C of this article shall be permitted.
C.
Recycling. Nothing herein shall be deemed to prohibit
source separation or recycling or to affect any sites at which source
separation or recycling may take place.
A.
Compliance with county and LCSWMA regulations. The
collection, transportation and disposal of municipal waste present
or generated within the Borough of Millersville 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 authority given it under 53 Pa.C.S.A. § 5617, 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.[1]
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 § 310-111 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.
A.
Noninterference with existing contracts. Nothing contained
in this article shall be construed to interfere with or in any way
modify the provisions of any existing contract in force in the Borough
of Millersville on the effective date of this article.
B.
New contracts and renewals of existing contracts.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for municipal waste collection, transportation,
processing or disposal shall be entered into after the effective date
of this article unless such renewal or such contract shall conform
to the requirements of this article, the County Waste Flow Ordinance,
rules and regulation promulgated thereunder, and the terms of licenses
issued thereunder.
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 Borough of Millersville as a municipal waste processing
or disposal facility, either for municipal waste generated within
the Borough of Millersville or elsewhere, without the express written
approval of the Borough of Millersville, the county and LCSWMA.
B.
Recycling. The prohibition set forth in Subsection A of this section shall not interfere with the operation of any program for recycling.
C.
Existing facilities. The prohibition set forth in Subsection A of this section 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, provide that :
(1)
The owner or operator of the facility provides written
notice to the county and the Borough of Millersville 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 then authorized by the
facility's solid waste permit and then being accepted, as reflected
on the notice provided the county and the Borough of Millersville
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 the
Borough Manager on behalf of the Borough of Millersville. The county
may, by resolution, designate LCSWMA or another authority or agency
as the entity which will receive notice pursuant to this section.
A.
Unlawful conduct. It shall be unlawful for any person
to:
(1)
Accumulate or cause to be accumulated municipal waste
in an amount greater than 20 tons, other than waste which has been
source separated for the purpose of recycling.
(2)
Violate, cause or assist in the violation of any provision
of this article, any rule, regulation or order promulgated hereunder,
or any rule, regulation or order promulgated by LCSWMA or the county
consistent with this article.
(3)
Process, treat, transfer, or dispose of or cause to be processed, treated, transferred or disposed regulated municipal waste generated within the Borough of Millersville at any solid waste facility other than a solid waste facility owned or operated by or on behalf of the county or LCSWMA or at an existing solid waste facility as permitted by § 310-6C of this article, without the express written consent of the municipality within which the facility is located, the county and LCSWMA.
(4)
Collect or transport municipal waste present or generated
within the county without a valid license for disposal issued by LCSWMA.
(5)
Hinder, obstruct, prevent or interfere with the Borough
of Millersville, the county, LCSWMA or their personnel in the performance
of any duty under this article or in enforcement of this article.
(6)
Act in a manner that is contrary to the Pennsylvania
Solid Waste Management Act, regulations promulgated thereunder, the
plan, this article, the county ordinance, rules or regulations promulgated
thereunder, or the terms of licenses issued thereunder.
[Amended 7-25-1995 by Ord. No. 1995-5]
Any person who engages in unlawful conduct as
defined in this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and not less than
$150 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days.
Upon finding that any person has engaged in
unlawful conduct as defined in this article:
A.
Restraining violations. In addition to any other remedy provided in this article, the Borough of Millersville, the county or LCSWMA may institute a suit in equity where unlawful conduct or public nuisance exists, as defined in this article, for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 310-8 hereof and revoke any licenses as authorized by § 310-9 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed
by this article shall be deemed concurrent. The existence or exercise
of any remedy shall not prevent the Borough of Millersville, the county
or LCSWMA from exercising any other remedy provided by this article
or otherwise provided at law or in equity.
A.
Entry into intermunicipal agreement. In order to implement
the intent and terms of this article, the Borough of Millersville,
pursuant to the authority of the Intergovernmental Cooperation Act,
Act of July 12,1972, No. 180, 53 Pa.C.S.A. § 2301 et seq., and
Article IX, § 5, of the Constitution of the Commonwealth
of Pennsylvania, hereby enters into the intermunicipal joint cooperation
agreement between the Borough of Millersville, the county, and other
municipalities within the County of Lancaster (a list of the municipalities
is available for public inspection at the Millersville Municipal Building),
together with such changes consistent with this article, if any, as
may be approved by the officials of the parties executing the same,
such execution to be conclusive evidence of such approval ("intermunicipal
agreement").[1]
B.
Terms and implementation of intermunicipal agreement.
As more fully set forth in the intermunicipal agreement and this article,
the following shall apply:
(1)
Conditions and terms of agreement.
(a)
In the agreement, the county agrees to:
[1]
Arrange for the provision of municipal waste
disposal facilities for the economical and environmentally sound disposal
of municipal waste generated within the participating municipalities.
[2]
Coordinate recycling activities and marketing.
[3]
Assure continuing municipal waste planning for
the county and the participating municipalities by entering into an
agreement with LCSWMA.
(b)
The county and participating municipalities
representing, in the aggregate, not less than 60% of the population
of the county each agree to enact a waste flow ordinance in a form
substantially similar to this article and to assure otherwise that
all acceptable municipal solid waste be delivered to the county system.
(d)
The county agrees to assure reasonable solid
waste disposal fees for residents of the participating municipalities.
(e)
The parties agree to cooperate in the joint
enforcement of the intermunicipal agreement and all ordinances enacted
pursuant to the intermunicipal agreement, and the Borough of Millersville
thereby agrees cooperatively to exercise, to delegate to the county,
and to allow delegation of such powers, duties and responsibilities
as set forth in the intermunicipal agreement.
(2)
Duration of term of the agreement. The term of the
intermunicipal agreement shall commence upon the date on which the
county and other municipalities representing at least 60% of the population
of the county have executed the intermunicipal agreement and shall
terminate 40 years following that date, unless terminated earlier
for cause.
(3)
Purpose and objectives of agreement. The purpose of
the intermunicipal agreement is to provide a mechanism to:
(a)
Finance, construct and operate a municipal waste
disposal system to serve the Borough of Millersville and other municipalities
within the county.
(b)
Administer a county-wide recycling program.
(c)
Provide continuing municipal waste planning,
as more fully set forth in the recitals to the intermunicipal agreement
and this article.
(4)
Manner and extent of financing the agreement. Enforcement
of this article shall be financed by the county's general revenues,
except insofar as the Borough of Millersville elects to enforce this
article; administration of this article, the recycling program and
planning shall be financed by LCSWMA with revenues received from operation
of the county system; and construction and operation of the county
system shall be financed by debt instruments issued by LCSWMA and
operating revenues.
(5)
Organizational structure necessary to implement the
agreement. LCSWMA shall be formed from LARA by amendment of LARA's
Articles Of Incorporation. LCSWMA shall:
(a)
Construct and operate or arrange for the construction
and operation of the county system.
(b)
Administer and enforce this article and parallel
ordinances adopted by the county and other municipalities pursuant
to the intermunicipal agreement; and the county and the Borough of
Millersville shall enforce said waste flow ordinances with assistance
from LCSWMA.
(6)
Management and acquisition of property. All property
within the county system shall be acquired, managed and disposed of
by LCSWMA in accordance with its separate agreement with the county
and the powers and duties imposed upon LCSWMA by law.
C.
Execution. Appropriate officers of the Borough of
Millersville are authorized and directed to execute the intermunicipal
agreement on behalf of the Borough of Millersville.
The Borough of Millersville 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 the 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 10-11-1990 by Ord. No. 1990-10]
[Amended 7-25-1995 by Ord. No. 1995-5]
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:
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.
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq., 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.
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.
[Added 9-14-2004 by Ord. No. 2004-4]
January 1, 1991, the date upon which the Borough's mandatory
recycling program and the contract collection services begin.
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.
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.
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
[Added 9-14-2004 by Ord. No. 2004-4]
A portion of municipal waste resulting from the construction
or demolition of buildings and other structures, including wood, plaster,
drywall and wallboard, metals, asphaltic substances, bricks, block,
and unsegregated concrete. The term also includes street sweepings
and nonfriable asbestos waste. The term does not include the following
if they are separated from other waste and used as clean fill:
[Added 9-14-2004 by Ord. No. 2004-4]
The agreement between the Borough and a licensed hauler under
which collection services are to be provided to residential units
for contract waste and for recyclable materials other than leaves.
The person providing contract waste and recyclable materials
collection services under the contract.
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.
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
[Added 9-14-2004 by Ord. No. 2004-4]
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.
Those source-separated recyclable materials designated in § 310-19 of this article.
Any contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or recyclable
materials generated or located within the Borough which was legally
entered into prior to the effective date of this article and, when
entered into, was legally enforceable.
Refuse containers which are in excess of the three refuse
container per collection site limit.
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.
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.
[Amended 9-14-2004 by Ord. No. 2004-4]
A person who produces or creates any solid waste.
[Added 9-14-2004 by Ord. No. 2004-4]
Clear glass consists only of clear food and beverage containers
made of glass, of one gallon or less in 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 in 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.
[Added 9-14-2004 by Ord. No. 2004-4]
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:
The term does not include:
Coal refuse, as defined in the Coal Refuse Disposal
Control Act (52 U.S.C.A. §§ 30.51 to 30.62);
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
to 691.1001);
Solid or dissolved material in domestic sewage;
Solid dissolved materials in irrigation return
flows;
Industrial discharges which are point sources
subject to permits under Section 402 of the Federal Water Pollution
Control Act (33 U.S.C.A. § 1342); or
Source, special nuclear, or by-product material
as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011
to 2394).[1]
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:
[Added 9-14-2004 by Ord. No. 2004-4]
Antifreeze;
Batteries;
Chlorinated hydrocarbons;
Fluorescent light bulbs and other mercury-containing
devices;
Gasoline and kerosene;
Grease and rust solvents;
Oven, toilet and drain cleaners;
Paints, rust preventatives, stains and wood
preservatives;
Pesticides, fungicides, herbicides, insecticides,
rodenticides, and roach and ant killers;
Photographic and pool chemicals;
Thinners, solvents and furniture strippers;
Transmission and brake fluids;
Used oil or other hydrocarbon-based lubricants;
and
Wood, metal, rug and upholstery cleaners and
polishes.
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended.
[Amended 1-27-2009 by Ord. No. 2009-1]
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 the Borough and LCSWMA for the collection,
transportation, storage or disposal of solid waste or recyclable materials.
A form supplied by LCSWMA to be completed and signed by each
person who collects or transports 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.
[Added 9-14-2004 by Ord. No. 2004-4]
A property with four or more residential units, including,
without limitation, apartment complexes, condominium complexes, retirement
homes and mobile home parks, excluding farms.
The agreement between the Municipality and a permitted collector
under which collection services are to be provided to residential
units for municipal contract waste and for designated recyclable materials.
[Added 9-14-2004 by Ord. No. 2004-4]
Those portions of regulated municipal waste which are to
be collected and disposed of under this municipal contract. Municipal
contract waste consists exclusively of refuse and oversized refuse
items.
[Added 9-14-2004 by Ord. No. 2004-4]
The Borough of Millersville.
The rules and regulations adopted and revised from time to
time by the Borough which govern and pertain to the Borough's recycling
program and the collection, storage or transportation of regulated
municipal waste within the Borough.[2]
Paper which has been used for the production of daily, weekend
and special-edition publications commonly known as “newspapers.”
[Added 9-14-2004 by Ord. No. 2004-4]
A portion of municipal waste consisting of materials which
cannot be handled by LCSWMA's normal processing or disposal methods.
Nonprocessable waste includes items greater than six feet in any dimension,
such as mattresses, large furniture and recreational vehicles. Nonprocessable
waste (oversized) may consist of large auto parts, machines, and any
other items deemed appropriate by LCSWMA.
[Added 9-14-2004 by Ord. No. 2004-4]
All commercial, municipal and institutional establishments,
all community activities and all farms, excluding residential units
and multifamily units.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
[Added 9-14-2004 by Ord. No. 2004-4]
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.
A person who is in possession of all pertinent permits and
licenses which may be required by the Municipality and LCSWMA for
the collection, storage or disposal of solid waste or recyclable materials.
[Added 9-14-2004 by Ord. No. 2004-4]
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.[3]
A portion of municipal waste consisting of organic waste
materials which, due to biological decomposition, are or have a tendency
to be rotten, foul, or odorous, including dead animals and spoiled
foods, but not including sludge.
[Added 9-14-2004 by Ord. No. 2004-4]
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.
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.
For residential units, the term "recycling container" shall
refer to the container supplied by the Borough. 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.
That portion of regulated municipal waste except:
[Amended 9-14-2004 by Ord. No. 2004-4]
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.
Any solid waste generated or collected within the Borough
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.
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a multifamily building containing three
or fewer dwelling units, excluding farms. When used in this article
or the Borough Policies and Procedures, the term "residential unit"
shall also refer to any multifamily unit or nonresidential unit that
requests and receives approval from the Borough to use the collection
services provided under the contract.
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.
[Added 9-14-2004 by Ord. No. 2004-4]
The uncontrolled or unauthorized removal of recyclable materials
from the curbside.
A system where recyclable materials, commonly fibers and
glass, metal and plastic containers, are collected and processed together.
[Added 9-14-2004 by Ord. No. 2004-4]
Any waste, including but not limited to municipal, residual,
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
[Added 9-14-2004 by Ord. No. 2004-4]
The process of separating, or the separation of, recyclable
materials from other solid waste at the location where generated for
the purpose of recycling.
The ferrous metal food or beverage containers commonly known
as “tin cans.”
Any pneumatic rubber automobile, truck, or farm implement
tire.
[Added 9-14-2004 by Ord. No. 2004-4]
The following types of solid waste are unacceptable waste,
unless approved by LCSWMA on a case-by-case basis:
[Added 9-14-2004 by Ord. No. 2004-4]
Chemotherapeutic waste;
Drums, barrels, buckets and paint cans, unless
lids have been removed and interiors are cleaned and free of any residue;
Explosives and ordnance materials;
Gas cylinders, unless empty and delivered separate
from other solid waste;
Hazardous waste;
Infectious/pathological waste; and
Radioactive materials.
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.
[Added 9-14-2004 by Ord. No. 2004-4]
All garden residues, leaves, grass clippings and sod.
[1]
Editor’s Note: The former definition of “high-grade
office paper,” added 9-14-2004 by Ord. No. 2004-4, which immediately
followed this definition, was repealed 11-26-2019 by Ord. No. 2019-03.
[2]
Editor’s Note: The former definition of "newsprint,"
added 9-14-2004 by Ord. No. 2004-4, which immediately followed this
definition, was repealed 11-26-2019 by Ord. No. 2019-03.
[3]
Editor’s Note: The former definition of "plastics,"
added 9-14-2004 by Ord. No. 2004-4, which immediately followed this
definition, was repealed 11-26-2019 by Ord. No. 2019-03.
All persons within the Borough shall source
separate designated recyclable materials.
Each person who owns or occupies a residential
unit, multifamily unit or nonresidential unit within the Borough shall
ensure that regulated municipal waste and designated recyclable materials
generated at such residential unit, multifamily unit or nonresidential
unit are source separated and collected, transported and disposed
of in accordance with this article and the Borough's polices and procedures
and the LCSWMA rules and regulations.
Collection services for contract waste and for
designated recyclable materials shall be provided to residential units
by the contractor. Each person who owns or occupies a residential
unit shall prepare designated recyclable materials and contract waste
for collection in accordance with the Borough's Policies and Procedures.
With respect to regulated municipal waste which is not contract waste,
persons who own or occupy residential units may elect to provide proper
collection, transportation and disposal by either themselves transporting
such materials to a facility or utilizing a licensed hauler to collect
and transport such materials to a facility.
A.
Each person who owns or occupies a nonresidential
unit or multifamily unit shall provide proper collection, transportation
and disposal for regulated municipal waste and designated recyclable
materials by utilizing a licensed hauler to collect and transport
such materials to a facility. With respect to contract waste and designated
recyclable materials, a person who owns or occupies a multifamily
unit or nonresidential unit may either request Borough approval to
receive the services under the contract or utilize a LCSWMA-licensed
hauler.
B.
Each person who owns or occupies a multifamily unit or nonresidential unit approved to receive services under the contract shall comply with the Borough's Policies and Procedures established for residential units and, notwithstanding the provisions of § 310-19B and C of this article, shall source separate the recyclable materials designed in § 310-19A.
C.
Each person who owns a multifamily unit or nonresidential
unit that does not receive services under the contract shall:
(1)
Provide recycling containers at easily accessible
locations for source separation of designated recyclable materials.
(2)
Provide written instructions to all persons occupying
each multifamily unit and nonresidential unit to ensure that all designated
recyclable materials are source separated.
(3)
Provide collection and transportation of source-separated
designated recyclable materials at a frequency of not less than once
per month.
D.
Each person who owns or occupies a multifamily unit
or nonresidential unit shall source separate and prepare leaves for
collection in accordance with the Borough's Policies and Procedures.
[Amended 9-14-2004 by Ord. No. 2004-4; 11-26-2019 by Ord. No. 2019-03]
Each person who owns or occupies a residential unit, multifamily
unit or nonresidential unit shall source-separate the following recyclable
materials:
A.
With respect to contract waste and designated recyclable
materials other than leaves generated at residential units, no person
other than the contractor shall collect, transport, store, process
or dispose of such waste. With respect to regulated municipal waste
other than contract waste which is generated at residential units
and regulated municipal waste or designated recyclable materials other
than leaves which are generated at multifamily units or nonresidential
units, no person other than a permitted hauler shall collect, transport,
store, process or dispose of such waste. Collection of leaves will
be arranged by the Borough in accordance with the Borough's Policies
and Procedures. Each permitted hauler that collects or transports
regulated municipal waste or designated recyclable materials generated
in any residential unit, nonresidential unit or multifamily unit shall
submit to the Borough, on forms provided by the Borough, monthly reports
concerning the sources, types, weight, etc., of materials collected.
[Amended 9-14-2004 by Ord. No. 2004-4]
B.
No person who generates, owns or possesses designated
recyclable materials or regulated municipal waste shall, by contract
for collection services or otherwise, cause, permit or assist in the
collection, transportation, storage, processing or disposal of such
waste by any person other than the contractor, with respect to contract
waste or designated recyclable materials other than leaves generated
at residential units, and a permitted hauler, with respect to regulated
municipal waste other than contract waste generated at residential
units and regulated municipal waste or designated recyclable materials
other than leaves generated at multifamily units or nonresidential
units.
[Amended 9-14-2004 by Ord. No. 2004-4]
C.
No permitted 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 C.
[Amended 9-14-2004 by Ord. No. 2004-4]
E.
All regulated municipal waste and designated recyclable
materials generated or collected in the Borough 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.
F.
Each permitted collector shall collect and deliver
separately to a LCSWMA facility battery dropoff location all battery
bags placed at curbside by residential units.
[Added 9-14-2004 by Ord. No. 2004-4]
[Amended 9-14-2004 by Ord. No. 2004-4]
A.
No person shall store, process or dispose of any regulated municipal waste or designated recyclable materials except at a facility. Notwithstanding the foregoing or § 310-19, yard waste may be composted to the extent and in the manner provided in the Borough's Policies and Procedures on the property on which such yard waste was generated.
B.
No person shall process or dispose of any designated
recyclable materials through open burning.
[Amended 2-14-1991 by Ord. No. 1991-1; 9-27-2016 by Ord. No. 2016-09]
Fees for services provided by the Borough shall be charged to
the owners of all residential units within the Borough and the owners
of any other properties to which the Borough provides service. The
amount of fees and the schedule for payment of fees shall be as published
from time to time by the Borough. The fees charged under this section
shall be billed by the Borough and due from the owners of such units
at the end of each quarter. If not paid within 30 days after the date
of the bill, a penalty of 10% of the quarterly fee shall be added.
If such fee and penalty are not paid within 60 days of the date of
the bill, interest at the rate of 6% per annum (in addition to the
penalty) commencing on the 61st day shall be added to the charges
and collected as part thereof in the manner provided by law for the
collection of municipal claims or by civil action at law or in equity.
The Borough may, for convenience, treat any three-month period as
a billing quarter and may end billing quarters in different months
in various sections of the Borough.
A.
In the event that the Borough institutes a civil action to collect
delinquent service fees, the owner of the unit shall be responsible
for all costs arising out of the civil action, including but not limited
to filing fees and the costs of service of process (whether by certified
mail or other means).
B.
Each owner of a unit shall be responsible for all costs which the
Borough incurs in filing a municipal lien to secure payment of delinquent
service fees, including but not limited to certified mail charges
for notification of intent to include attorneys' fees in the
amount of the municipal lien, attorneys' fees, and filing fees.
From the time of placement for collection of
any designated recyclable materials other than leaves, 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. 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.
A.
Nothing in this article shall be construed to impair
the obligations of any existing contract.
B.
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 designated recyclable
materials shall be entered into after the effective date of this article
unless such renewal or modification or new contract shall conform
to the requirements of this article and the Borough's Policies and
Procedures.
C.
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this section shall provide for collection services to be performed after the commencement date for contract waste or designated recyclable materials generated at residential units. This provision shall not apply to the contract between the Borough and the contractor. With respect to any contract which violates this Subsection C, such contract shall be deemed void, and the hauler that is a party to such contract shall reimburse to the applicable residential units any funds which have been paid for such collection services and shall not collect or attempt to collect any funds for such collection services.
[Amended 9-14-2004 by Ord. No. 2004-4]
The Borough shall have the power to issue the
Borough's Policies and Procedures governing all matters set forth
in this article and any other related matters deemed necessary or
convenient by the Borough. The Borough's Policies and Procedures shall
be effective when adopted by the Council. The Borough shall have the
power to establish record and reporting requirements and standards
and procedures for the issuance, administration and revocation of
licenses as deemed necessary, including, without limitation, application
procedures, fees, standards and conditions for licenses; the fixing
of a monetary bond, with or without surety, to secure compliance by
any permitted collector with any such requirements, standards or procedures;
and any other matters deemed necessary or convenient by the Borough.
In the event of suspension or revocation of any license which is issued
by the Borough or LCSWMA, the person whose collection 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 or any provision of the Borough's Policies and Procedures.
All unlawful conduct shall also constitute a public nuisance.
[Amended 7-25-1995 by Ord. No. 1995-5; 11-26-2019 by Ord. No. 2019-03]
Any person violating any provision of this article
or any provision of the Borough's Policies and Procedures shall, upon
conviction thereof, be sentenced, for each violation, to pay a fine
of not less than $100 and more than $1,000 plus costs, including the
Borough's reasonable attorneys' fees, and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each violation of any provision of this article or of any provision
of the Borough's Policies and Procedures, and each day that such violation
shall exist, shall constitute a separate violation and offense.
For purposes of the obligations established
by this article or the Borough'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 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.
In addition to any other remedy provided in
this article, the Borough may institute proceedings to restrain any
violation of or to require compliance with this article and/or the
Borough'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 Borough's Policies and Procedures. The existence
or exercise of any remedy shall not prevent the Borough from exercising
any other remedy provided under this article or the Borough's Policies
and Procedures or available at law or in equity.
[Added 1-27-1998 by Ord. No. 1998-1]
Any party aggrieved by an "adjudication," as
that term is defined in the Local Agency Law, 2 Pa.C.S.A. § 101
et seq., may request a hearing by the Borough Council if no other
hearing procedure exists. The request shall be in writing, shall reasonably
describe the decision, determination, ruling or other adjudication
in question and the basis for disagreement with it, shall be signed
by the person or persons aggrieved and contain the addresses and telephone
numbers of the persons claiming to be aggrieved and shall be filed
with the Borough Manager. The request shall be filed within 30 days
of the date the party knew or reasonably should have first known himself
or herself to be aggrieved. The Council shall schedule a hearing and
give reasonable notice thereof to all persons who have requested a
hearing. The procedure shall thereafter be in accordance with the
Local Agency Law.
[Added 9-14-2004 by Ord. No. 2004-4]
A.
General regulations.
(1)
All regulated municipal waste and designated recyclable
materials shall be stored out of view from the public right-of-way
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.
(2)
A sufficient number of containers shall be provided by generators to contain all regulated municipal waste and designated recyclable materials generated during periods between regularly scheduled collection as may be necessary to meet the requirements of Subsection A(1) of this section.
(3)
The Borough shall supply each residential unit with
a recycling container. Recycling containers for multifamily and nonresidential
units shall be provided by either the owner or the licensed hauler.
(4)
All storage practices shall, at a minimum, conform
to the requirements of all applicable federal, state and local laws
and regulations.
(5)
Each person having regulated municipal waste or designated
recyclable materials shall provide himself/herself 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.
(6)
Nonprocessable waste shall be stored so that collection
of water and harborage of rodents are prevented.
(7)
Containers shall be stored on the property where the
regulated municipal waste and designated recyclable materials are
generated.
(8)
Regulated municipal waste or designated recyclable
materials from residential units shall not be stored at curbside prior
to collection.
(9)
All regulated municipal waste and designated recyclable
materials to be collected from any residential unit shall be placed
immediately adjacent to the street or alley where collection is established
but in such a manner as to not obstruct traffic or use of the sidewalk.
No regulated municipal waste or designated recyclable materials shall
be placed at curbside for collection prior to 12:00 p.m. on the day
before the scheduled collection day. All containers for regulated
municipal waste and source-separated recyclable materials shall be
removed from curbside no later than 12:00 p.m. on the day following
the scheduled collection day.
B.
Reusable containers for residential units. Individual
containers used for the storage of regulated municipal waste generated
by residential units shall have the following physical characteristics:
(1)
The container shall be constructed of durable, watertight,
rust-resistant material.
(2)
Individual containers for residential units shall
have a capacity of not more than 32 gallons or 30 pounds in weight
and shall be equipped with two or more handles and be maintained in
a clean and sanitary manner and be safe to be handled by collection
personnel.
(3)
The area around the container shall be kept clean.
C.
Disposable containers. Disposable refuse containers,
such as paper and polyethylene bags, shall be acceptable for storage
of regulated municipal waste, provided that the following conditions
are met:
(1)
Only those bags specially designed for storage and
collection shall be used.
(2)
Bags shall be protected against precipitation, animal
damage and overloading to prevent littering or attracting of vectors.
(3)
Bags shall have a holding strength capable of withstanding
stresses until they are collected.
(4)
Bag openings shall be securely closed prior to setting
out for collection.
D.
Recycling containers.
(1)
Individual recycling containers utilized for the collection
of recyclable materials at residential units shall comply with the
following requirements:
(a)
The container shall be a container provided
by the Borough made of rigid plastic construction.
(b)
Title to individual recycling containers shall
remain in the Borough.
(c)
The Borough shall replace any recycling containers
which are damaged when the damaged container is returned to the Borough.
Stolen or lost containers will be replaced for a fee.
(2)
Bulk recycling containers utilized for the storage
of recyclable materials at multifamily and nonresidential units shall
comply with the following requirements:
[Added 9-14-2004 by Ord. No. 2004-4]
A.
All persons within the Borough are encouraged to source
separate all designated recyclable materials.
B.
All regulated municipal waste and designated recyclable
materials shall be drained free of liquids before storage.
C.
All cans, bottles or other food containers shall be
rinsed free of food particles and drained before storage.[1]
[1]
Editor’s Note: Former Subsection D, which stated that
newsprint shall be tied in bundles or placed in paper grocery bags,
which immediately followed this subsection, was repealed 11-26-2019
by Ord. No. 2019-03.
