[HISTORY: Adopted by the Borough Council of the Borough of Denver as indicated in article histories. Amendments noted where applicable.]
§ 156-6 New or expanded private dumps, transfer stations and landfills prohibited; continuation of existing facilities.
§ 156-22 Storage of regulated municipal waste and designated recyclable materials by occupants of residential units, multifamily units and nonresidential units.
[Adopted 12-15-1986 by Ord. No. 412 Ch. 20, Part 1 of the 1996 Code)]
The following terms shall have the following meanings in this article:
- The Borough of Denver, county of Lancaster, Commonwealth of Pennsylvania.
- The county of Lancaster.
- EXISTING CONTRACT
- 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 this Borough.
- The waste to energy incinerator to be constructed by or on behalf of LCSWMA pursuant to the plan.
- FULL SYSTEM OPERATION or FULLY OPERATIONAL
- 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 (LARA).
- The Borough of Denver, 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 provisions 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.
- POINT OF ENTRY INTO THE SYSTEM
- 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.
- REGULATED MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste, and other material, including solid or semisolid material resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities, and any other solid waste which is within the definition "municipal waste" set forth in § 103 of the Pennsylvania Solid Waste Management Act, Act of July 7, 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; and materials specifically excluded under applicable county or LCSWMA ordinances, rules or regulations.
- SOURCE SEPARATION
- 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.
- TRANSFER FACILITY
- Any solid waste facility which is now or hereafter may be established by LCSWMA or the county for the purpose of accepting solid waste for processing and economical consolidation for subsequent delivery to the facility or other solid waste disposal site.
All other words and phrases shall have the same meanings as set forth in the Pennsylvania Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., as it may hereinafter be amended or supplemented by legislation regarding municipal waste planning.
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 this Borough. This prohibition shall become effective 120 days from the effective date of this section of this article.
Compliance with rules, regulations and ordinances. In carrying on activities related to solid waste collection or transportation within this Borough, 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 this Borough 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, as hereafter amended.
Administration. Licenses hereunder shall be issued, revoked and administered by LCSWMA.
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 at a transfer station or disposal facility owned and operated by or on behalf of LCSWMA, subject to such reasonable regulations for the operation thereof as may be established by the county or LCSWMA.
Disposal at other sites. Disposal of regulated municipal waste collected or generated within the Borough 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. Disposal of regulated municipal waste at an existing facility from sources reflected on the notice to the Borough, the county and LCSWMA as provided in § 156-6C of this article shall be permitted.
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.
Compliance with county and LCSWMA regulations. The collection, transportation and disposal of municipal waste present or generated within the Borough 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 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.
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 § 156-11 hereof, shall be deemed rules and regulations adopted under this article, and the county is hereby authorized to adopt such rules and regulations.
Consistency of regulations with ordinance 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.
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 on the effective date of this article.
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 regulations promulgated thereunder, and the terms of licenses issued thereunder.
§ 156-6 New or expanded private dumps, transfer stations and landfills prohibited; continuation of existing facilities.
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 as a municipal waste processing or disposal facility, either for municipal waste generated within the Borough or elsewhere, without the express written approval of the Borough, the county and LARA.
Recycling. The prohibition set forth in § 156-6A of this article shall not interfere with the operation of any program for recycling.
Existing facilities. The prohibition set forth in § 156-6A of this article 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, provided:
The owner or operator of the facility provides written notice to the county and the Borough of the facility permit number, address, ownership and existing sources of waste no later than 60 days after the effective date of this article;
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 Borough pursuant to this section; and
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.
Notices under this section shall be submitted to the Borough Secretary on behalf of the Borough. The county may by resolution designate LCSWMA or another authority or agency as the entity which will receive notice pursuant to this section.
Unlawful conduct. It shall be unlawful for any person to:
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;
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;
Process, treat, transfer or dispose of or cause to be processed, treated, transferred, or disposed regulated municipal waste generated within the Borough 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 § 156-6C of this article, without the express written consent of any municipality within which the facility is located, the county, and LCSWMA;
Collect or transport municipal waste present or generated within the county without a valid license for disposal issued by LCSWMA;
Hinder, obstruct, prevent or interfere with the Borough, the county, LCSWMA or their personnel in the performance of any duty under this article or in the enforcement of this article;
Act in a manner that is contrary to 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 4-8-1996 by Ord. No. 475]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
Upon finding that any person has engaged in unlawful conduct as defined in this article, (a) LCSWMA, the Borough, the county may revoke any license issued by LCSWMA to that person in accordance with § 156-2 of this article and (b) LCSWMA may deny any subsequent application by that person for a license pursuant to § 156-2 hereof.
Restraining violations. In addition to any other remedy provided in this article, the Borough, 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 § 156-8 hereof and revoke any licenses as authorized by § 156-9 hereof.
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, the county or LCSWMA from exercising any other remedy provided by this article or otherwise provided at law or equity.
Entry into intermunicipal agreement. In order to implement the intent and terms of this article, the Borough, pursuant to the authority of 53 Pa.C.S.A. § 2301 et seq. and Article IX, Section 5 of the Constitution of the Commonwealth of Pennsylvania, hereby enters into the intermunicipal joint cooperation agreement between this Borough, the county and other municipalities within the county of Lancaster, which is on file at the Borough Office, 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").
[Amended 4-8-1996 by Ord. No. 475]
Terms and implementation of Intermunicipal Agreement. As more fully set forth in the Intermunicipal Agreement and this article:
Conditions and terms of agreement. In the agreement:
The county agrees:
To arrange for the provision of municipal waste disposal facilities for the economical and environmentally sound disposal of municipal waste generated within the participating municipalities;
To coordinate recycling activities and marketing; and
To assure continuing municipal waste planning for the county and the participating municipalities by entering into an agreement with LCSWMA;
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;
The county agrees to assure reasonable solid waste disposal fees for residents of the participating municipalities; and
The parties agree to cooperate in the joint enforcement of the Intermunicipal Agreement and all ordinances enacted pursuant to the Intermunicipal Agreement and this Borough 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.
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.
Purpose and objectives of agreement. The purpose of the Intermunicipal Agreement is to provide a mechanism: to finance, to construct and to operate a municipal waste disposal system to serve this Borough and other municipalities within the county; to administer a county-wide recycling program; and to provide continuing municipal waste planning, as more fully set forth in the recitals to the Intermunicipal Agreement and this article.
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 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.
Organizational structure necessary to implement the agreement. LCSWMA shall be formed from LARA by amendment of LARA's Articles of Incorporation; LCSWMA shall construct and operate or arrange for the construction and operation of the county system and 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 shall enforce said waste flow ordinances with assistance from LCSWMA.
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.
Execution. Appropriate officers of the Borough are authorized and directed to execute the Intermunicipal Agreement on behalf of the Borough.
The Borough 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 at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
This article shall be known and may be cited as the "Denver Borough Trash and Recycling Ordinance."
The Solid Waste Management Act, Act 97, established a comprehensive planning and regulatory framework for the storage, collection, transportation, processing and disposal of solid waste, including municipal waste. Pursuant to the requirements of Act 97 and the request of each municipality within the County, the Board of Commissioners prepared and adopted the 1986 Lancaster County Solid Waste Management Plan, which was adopted by each municipality within the County and approved by the Pennsylvania Department of Environmental Protection.
The 1986 Plan provided for a comprehensive and integrated County-wide system for solid waste management (the "System") which included, inter alia: construction of a resource recovery facility for incineration of municipal waste and generation of energy; expansion of the then existing Creswell Landfill; construction of transfer facilities throughout the County; and development of a recycling program. In order to implement the 1986 Plan and finance the System the County and each municipality within the County enacted certain waste flow control ordinances and entered into a joint cooperation agreement ("Intermunicipal Agreement"). The 1986 Plan determined that it was in the public interest for solid waste management and disposal to be a public function, established LCSWMA and designated LCSWMA as the public agency responsible for designing, financing, constructing and operating the System.
The Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988, gave certain municipalities, including Denver Borough, the responsibility for developing and implementing within their boundaries a source separation and collection program for recyclable materials. Pursuant to Act 101 and the request of the County Board, LCSWMA has prepared (as a revision to the 1986 Plan) the Lancaster County Municipal Waste Management Plan of 1990 (the "1990 Plan") and a system for the collection of municipal waste. The 1990 Plan provides for the establishment and implementation by certain municipalities of source separation and collection programs for recyclable materials in order to conform to Act 101 and to support and maintain the System.
The Borough has ratified the 1990 Plan, and the Borough and the County have engaged in mutual and beneficial cooperation and coordination under the 1986 Plan and the Intermunicipal Agreement and have effected an effective, efficient, reliable and environmentally safe system for the storage, collection, transportation, processing and disposal of municipal waste. Pursuant to Act 101 and the request of the County Board of Commissioners, LCSWMA has prepared (as a revision to the 1990 Plan) the Lancaster County Municipal Waste Management Plan of 1999 (the "1999 Plan"). The Borough desires to continue cooperation with LCSWMA by implementing a recycling program and a municipal waste collection program which is consistent with the 1990 Plan, the 1999 Plan, the Intermunicipal Agreement, the System and Act 101.
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 which are incorporated into this article by reference. 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.S. 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.
- 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.
- BATTERY BAGS
- 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.
- The Borough of Denver, Lancaster County, Pennsylvania.
- BOROUGH COUNCIL
- The governing body of the Borough.
- BOROUGH'S POLICIES AND PROCEDURES
- 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 on-site collection or storage of Regulated Municipal Waste within the Borough.
- CLEAR GLASS
- 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
- 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.
- COMMENCEMENT DATE
- November 1, 1991, the date upon which the Borough's recycling program and the predecessor to the Permitted Collector program begin.
- Designated 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.
- The Commonwealth of Pennsylvania.
- 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.
- The process by which solid organic waste is biologically decomposed under controlled aerobic or anaerobic conditions to yield a humus-like product.
- CORRUGATED CARDBOARD
- Unbleached, unwaxed kraft paper that is formed into layers with a fluted medium and manufactured into shipping boxes and related products.
- The correct location for the placement of Refuse Containers and Recycling Containers for the purpose of collection by the Permitted Collector, which shall be adjacent to the Residential Unit and no more than five feet from the public street used by collection vehicles.
- A Person who independently contracts with a Permitted Collector for the collection of Regulated Municipal Waste and Designated Recyclable Materials.
- The Pennsylvania Department of Environmental Protection or any agency successor thereto
- DESIGNATED RECYCLABLE MATERIALS
- Those Recyclable Materials designated in § 156-20 of this article for Source Separation.
- EXISTING CONTRACT
- Any contract for the storage, collection, transportation, processing or disposal of Regulated Municipal Waste or Designated 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.
- 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.
- 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.
- A Person who produces or creates any Solid Waste.
- A. 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:
- B. The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act (52 U.S.C.A. §§ 30.51 through 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 through 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. §§ 2011-2394).
- HIGH GRADE OFFICE PAPER
- Desktop generated white paper limited to ledger, copy paper, and computer printout (CPO).
- HOUSEHOLD HAZARDOUS WASTE
- 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:
- A. Antifreeze;
- B. Batteries;
- C. Chlorinated hydrocarbons;
- D. Fluorescent light bulbs and other mercury-containing devices;
- E. Gasoline and kerosene;
- F. Grease and rust solvents;
- G. Oven, toilet and drain cleaners;
- H. Paints, rust preventatives, stains and wood preservatives;
- I. Pesticides, fungicides, herbicides, insecticides, rodenticides, roach and ant killers;
- J. Photographic and pool chemicals;
- K. Thinners, solvents and furniture strippers;
- L. Transmission and brake fluids;
- M. Used oil or other hydrocarbon based lubricants; and
- N. 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, as amended.
- LCSWMA FACILITY
- Any Facility owned or operated by or on behalf of LCSWMA.
- 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.
- MULTIFAMILY UNIT
- A property which contains four or more Residential Units, including, without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks, excluding Farms.
- Paper which has been used for the production of daily, weekend and special edition publications, commonly known as "newspapers."
- NONRESIDENTIAL UNITS
- All commercial, industrial, municipal and institutional establishments, all Community Activities and all Farms, excluding Residential Units and Multifamily Units.
- OPEN BURNING
- A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
- PERMITTED COLLECTOR
- A Person who is in possession of all pertinent permits and licenses which may be required by the Commonwealth of Pennsylvania and LCSWMA for the off-site collection, transportation, storage or disposal of Solid Waste or Recyclable Materials and the Borough for the on-site collection of Solid Waste or Recyclable Materials generated within the Borough.
- 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 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).
- RECYCLABLE MATERIALS
- Any material which would be Regulated Municipal Waste but for Source Separation and which will be processed into raw materials or products or which are beneficially reused.
- The separation, collection, recovery and sale or reuse of metals, glass, paper, yard waste, plastics and other materials which would otherwise be disposed of or processed as Solid Waste or the mechanized separation and treatment of Solid Waste and creation and recovery of reusable materials.
- RECYCLING CONTAINER
- 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 adequate strength for lifting.
- REFUSE CONTAINER
- A container which is constructed of plastic, metal, or fiberglass, and which has handles of adequate strength for lifting and 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.
- REGULATED MUNICIPAL WASTE
- 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 materials, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of Residual Waste 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 or Unacceptable Waste.
- RESIDENTIAL UNIT
- Any single-family detached, semidetached or townhouse dwelling, or a dwelling unit within a building containing three or fewer dwelling units, excluding Farms.
- RESIDUAL WASTE
- 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 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.
- SINGLE STREAM
- A system where Recyclable Materials, commonly fibers and glass, metal and plastic containers, are collected and processed together.
- SOLID WASTE or WASTE
- Any waste, including but not limited to Municipal, Residual, or Hazardous Wastes, including solid, liquid, semisolid or contained gaseous materials.
- SOURCE-SEPARATE or SOURCE SEPARATION
- The process of separating, or the separation of, Designated Recyclable Materials from other Solid Waste at the location where generated for the purpose of Recycling.
- STEEL CANS
- The ferrous metal food or beverage containers commonly known as "tin cans."
- Any pneumatic rubber automobile, truck, or farm implement tire.
- UNACCEPTABLE WASTE
- The following types of Solid Waste are Unacceptable Waste unless approved by LCSWMA on a case-by-case basis:
- A. Chemotherapeutic waste;
- B. Drums, barrels, buckets and paint cans unless lids have been removed and interiors are cleaned and free of any residue;
- C. Explosives and ordnance materials;
- D. Gas cylinders, unless empty and delivered separate from other Solid Waste;
- E. Hazardous waste;
- F. Infectious/pathological waste; and
- G. Radioactive materials.
- WHITE GOODS
- 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.
- YARD WASTE
- All garden residues, leaves, shrubbery, tree trimmings, grass clippings, and sod.
- YARD WASTE BAG
- A thirty-gallon biodegradable kraft paper bag provided by the Borough to Customers for the Collection of Yard Waste.
All Persons within the Borough shall Source-Separate Designated Recyclable Materials generated by such Person or generated within a Residential Unit, Multifamily Unit or Nonresidential Unit occupied by such Person.
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 collected and disposed of in accordance with this article, the Borough's Policies and Procedures, and the LCSWMA Rules and Regulations.
Each Person who owns or occupies a Residential Unit shall provide proper collection and disposal of Regulated Municipal Waste and Designated Recyclable Materials generated at such Residential Units by either themselves delivering such materials to a Facility or utilizing a Permitted Collector to collect and deliver such materials to a Facility.
Each person who owns or occupies a Nonresidential Unit or Multifamily Unit shall provide proper collection and disposal of Regulated Municipal Waste and Designated Recyclable Materials by themselves delivering such materials to a Facility or utilizing a Permitted Collector to collect and deliver such materials to a Facility.
Each Person who owns a Multifamily Unit or Nonresidential Unit shall:
Provide recycling containers at easily accessible locations for Source Separation of Designated Recyclable Materials;
Provide written instructions to all Persons occupying each Multifamily Unit and Nonresidential Unit to ensure that all Designated Recyclable Materials are Source Separated; and
Provide collection and delivery to a Facility of Source Separated Designated Recyclable Materials at a frequency of not less than once per month.
Each person who owns or occupies a Residential Unit shall source-separate the following Recyclable Materials: Clear Glass, Colored Glass, Aluminum, Steel Cans, Plastic, Newsprint, Tires, White Goods, and Yard Waste.
Each person who owns or occupies a Multifamily Unit shall source-separate the following Recyclable Materials: Clear Glass, Colored Glass, Aluminum, Steel Cans, Plastic, Tires, White Goods, and Yard Waste.
Each person who owns or occupies a Nonresidential Unit shall source-separate the following Recyclable Materials: Clear Glass, Colored Glass, Aluminum, Steel, Plastic, Yard Waste, High Grade Office Paper, Corrugated Cardboard, Tires, and White Goods.
§ 156-22 Storage of regulated municipal waste and designated recyclable materials by occupants of residential units, multifamily units and nonresidential units.
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.
A sufficient number of containers shall be provided by 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 § 156-22A(1).
All storage practices shall, at a minimum, conform to the requirements of all applicable Federal, State and local laws and regulations.
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.
Bulky waste shall be stored so that collection of water and harborage of rodents are prevented.
Containers shall be stored on the property where the Regulated Municipal Waste and Designated Recyclable Materials are generated.
Regulated municipal waste or source separated recyclable materials from Residential units shall not be stored at curbside prior to collection.
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.
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:
Only those bags specially designed for storage and collection shall be used.
Bags shall be protected against precipitation, animal damage and overloading to prevent littering or attracting of vectors.
Bags shall have a holding strength capable of withstanding stresses until they are collected.
Bag openings shall be securely closed prior to setting out for collection.
Individual recycling containers utilized for the collection of Recyclable Materials at Residential Units shall comply with the following requirements:
The container shall be a container provided by the Borough made of rigid plastic construction, with a capacity of not more than 30 gallons.
Title to individual Recycling Containers shall remain in the Borough.
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.
Bulk recycling containers utilized for the storage of Recyclable Materials at Multifamily and Nonresidential Units shall comply with the following requirements:
Composting. Occupants of Residential Units may compost Yard Wastes which are generated at said Residential Unit according to the following guidelines:
Backyard composting must be done in strict compliance with accepted standards and guidelines of the Penn State Cooperative Extension Service, DEP, and/or LCSWMA.
Composting must be done within an enclosed structure that controls access to animals and vectors.
Only yard wastes or other vegetative matter may be composted. No meat or Putrescible Waste may be composted.
Compost must be turned and mixed on a regular basis to prevent odors, attraction of vectors and to ensure degradation of materials being composted.
Backyard composters must be placed in the rear yard area of the property no closer than six feet from the side lot line and five feet from the rear lot line.
All persons within the Borough shall source-separate all Designated Recyclable Materials.
All Regulated Municipal Waste and Designated Recyclable Materials shall be drained free of liquids before storage.
All cans, bottles or other food containers shall be rinsed free of food particles and drained before storage.
Newsprint shall be tied in bundles or placed in paper grocery bags.
Brush, limbs, tree trunks, and the like shall be tied with biodegradable twine in easily handled bundles which shall not exceed four feet in length and 30 pounds in weight. Other Yard Waste shall be placed in Yard Waste Bags.
All batteries shall be placed in battery bags provided by the Borough.
No person other than a Permitted Collector shall collect on-site Regulated Municipal Waste or Designated Recyclable Materials generated in any Residential Unit, except that a Person may deliver to a Facility such Waste or Designated Recyclable Materials which was generated at such Person's residence.
Each permitted collector who provides regularly scheduled service for the collection of Regulated Municipal Waste from a Residential Unit shall also collect Designated Recyclable Materials from such Residential Unit. Each Permitted Collector shall establish, and notify each Customer, of procedures for the Source Separation, segregation and packaging of Regulated Municipal Waste and Designated Recyclable Materials. Such procedures shall permit commingling of all Aluminum, Clear Glass, Colored Glass, Steel Cans, and Plastics, in a single Recycling Container. Newsprint shall either be bagged or bundled in accordance with instructions from the Permitted Collector to the Customer. Each Permitted Collector shall schedule collections for Tires, White Goods, and Yard Waste at least once annually and shall give Customers at least 30 days advance notice of the schedule for such collections.
Each permitted collector shall complete monthly LCSWMA manifests, as required, reporting the amount of Regulated Municipal Waste and Designated Recyclable Materials collected in the Borough. Each Permitted Collector shall submit copies of LCSWMA manifests to the Borough, upon request.
The schedule for collection of Regulated Municipal Waste and Designated Recyclable Materials shall be as specified in the Borough's Policies and Procedures.
Recycling containers for residential units will be provided by the Borough which shall retain title to all such Recycling Containers. Permitted Collectors shall distribute Recycling Containers to all of their Residential Unit Customers in accordance with guidelines to be established by the Borough.
Nonresidential and multifamily units.
No person other than a Permitted Collector shall collect on-site Regulated Municipal Waste or Designated Recyclable Materials generated in any Nonresidential or Multifamily Unit.
Each permitted collector that collects on-site Designated Recyclable Materials generated in any Nonresidential or Multifamily Unit shall complete monthly LCSWMA Manifests, as required, reporting the amount of Regulated Municipal Waste and Designated Recyclable Materials collected in the Borough.
All Regulated Municipal Waste and Designated Recyclable Materials generated or collected in the Borough shall be delivered 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.
No permitted collector who collects or disposes of Regulated Municipal Waste or Designated Recyclable Materials shall, by contract or otherwise, cause, permit or assist in the storage, collection, 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 § 156-24C(2).
Each permitted collector shall give written notice to each Customer of such Permitted Collector's obligations under this article and particularly the requirement to offer collection services for Designated Recyclable Materials.
Each permitted collector shall collect and deliver, separately to a LCSWMA Facility battery dropoff location, all Battery Bags placed at Curbside by Residential Units.
All permitted collectors shall insure that collection of Regulated Municipal Waste and Source Separated Recyclable Materials shall comply with all of the following requirements:
Regulated municipal waste and source separated recyclable materials, except White Goods, Tires, and leaves shall be collected on the same day from Residential Units, and collection shall be made a minimum of once each week.
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 collection will be permitted if a holiday has occurred within a week preceding the Saturday on which collection is to be made.
No regulated municipal waste or source separated recyclable materials shall be blown, scattered or deposited upon the ground in the process of collection or transportation.
All Persons who desire to collect on-site, store, process or dispose of Regulated Municipal Waste or Designated Recyclable Materials within the Borough shall obtain a Collection Permit from the Borough prior to performance of any such activities.
Every Person desiring a Collection Permit under this article shall make application to the Borough. Such application shall include the name and address of the Person making application, proof of a valid license issued by LCSWMA and the Commonwealth of Pennsylvania, identification of other municipalities which have permitted that Person, and whether any licenses have been revoked by LCSWMA or any other municipality which requires permitting of haulers.
Applicants for a Collection Permit to operate as a Permitted Collector within the Borough shall demonstrate that:
A valid license has been issued by LCSWMA to the applicant.
Applicant's operation is in conformity in all respects with the rules and regulations of the DEP, LCSWMA, and all Borough Ordinances and the Borough's Policies and Procedures.
Regulated municipal waste and designated recyclable materials shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vectors, or the creation of other nuisances.
All disposal of Regulated Municipal Waste other than Designated Recyclable Materials shall be at a Facility.
All designated recyclable materials shall be recycled and shall not be disposed of as Regulated Municipal Waste.
Insurance shall be obtained for the applicant's proposed operation in the Borough. A certificate of insurance demonstrating limits as follows:
All equipment to be used has been properly licensed and inspected, and all operators have valid operator's licenses for the class of vehicle operated.
All Borough Collection Permits shall be issued for a period of one year or longer. The Borough's Policies and Procedures may designate a sticker or other mechanism to be affixed to all collection equipment in order to verify that the equipment is properly permitted.
Collection Permits may be suspended or revoked by the Borough at any time for just cause. Just cause shall include, but not be limited to, where the Permitted Collector:
Fails to maintain a valid license issued by LCSWMA.
Violates any of the provisions of this article or the Borough's Policies and Procedures.
Improperly disposes of Designated Recyclable Materials or Regulated Municipal Waste.
Fails to perform in good faith all the covenants of any agreement entered into with Customers.
Any person who has been denied a Collection Permit or whose Collection Permit has been suspended or revoked may appeal the denial, suspension or revocation to the Borough. 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 Borough Secretary. The appellant or his 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 Borough, 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 Borough.
Collection Permits are not transferable to any other Person.
No person shall store, process or dispose of any Regulated Municipal Waste or Designated Recyclable Materials except at a Facility or in preparation for collection by a Permitted Collector as provided herein. Notwithstanding the foregoing, 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.
No person shall process or dispose of any Designated Recyclable Materials through Open Burning.
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 Permitted Collector who has contracted to provide collection. It shall be a violation of this article for any Person, other than such Permitted Collector, to collect or pick up, or cause to be collected or picked up, any such Designated Recyclable Materials. Nothing in this section shall be deemed to include the collection of roadside litter or uncontained refuse for proper disposal or recycling.
Nothing in this article shall be construed to impair the obligations of any Existing Contract.
No renewal or modification of any Existing Contract, and no new contract for the storage, on-site collection, processing or disposal of Regulated Municipal Waste or Designated Recyclable Materials, shall be entered into after the effective date of this article unless the Permitted Collector shall have a valid permit and such renewal, modification, or new contract shall conform to the requirements of this article and the Borough's Policies and Procedures.
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this § 156-28 shall provide for on-site collection services for Regulated Municipal Waste to be performed after the Commencement Date unless on-site collection services are also offered for Designated Recyclable Materials. With respect to any contract which violates this article, such contract shall be deemed void and the Permitted Collector that is a party to such contract shall reimburse to the applicable Residential Units and Multifamily Units any funds which have been paid for such on-site collection services as violate this article and shall not collect or attempt to collect any funds for such on-site collection services which are in violation of this article.
The Borough shall have the power to adopt from time to time by resolution the Borough's Policies and Procedures governing all matters set forth in this article and any other related matters as may be deemed necessary or convenient by the Borough. The Borough's Policies and Procedures shall be effective when adopted and issued in writing. The Borough shall have the power to establish record and reporting requirements, and standards and procedures for the issuance, administration and revocation of collection permits, as deemed necessary, including without limitation: application procedures, fees, standards and conditions for collection permits; the fixing of a monetary bond, with or without surety, to secure the 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 or permit which is issued by the Borough or LCSWMA or DEP, the Person whose collection permit is suspended or revoked shall refund to each Customer any prepaid fees, prorated to the date such revocation becomes final.
It shall be unlawful for any Person to violate, or cause or permit or assist in the violation of, any provision of this article. All unlawful conduct shall also constitute a public nuisance.
[Amended 7-29-2013 by Ord. No. 612]
Any Person violating any provision of this article shall, upon conviction thereof in a summary proceeding, be sentenced for each violation to pay a fine of not more than $1,000 and costs of prosecution and, in default of the payment of such fine and costs, to undergo imprisonment for not more than 30 days. Each violation of any provision of this article, and each day that such a violation shall exist, shall constitute a separate violation and offense. Upon summary conviction or in a civil action, the defendant may be assessed reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings in accordance with Section 3321(6) of the Borough Code.
Editor’s Note: See 53 P.S. § 48321(6).
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" and "Multifamily 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 person residing in or occupying any such Residential or Multifamily Units and the owner, landlord, condominium owner's association and/or agent of an owner, landlord or condominium owner's association of such premises. Further, the term "Permitted Collector" shall include any entity, partnership, proprietorship, or corporation and the owners and/or officers of same.
Borough Council hereby designates the Code Enforcement Officer as the official to enforce the provisions of this article. The Code Enforcement Officer shall receive all complaints concerning the operation of any Permitted Collector within the Borough or the failure of any person to comply with the requirements of this article to use a Permitted Collector and provide for the proper storage and collection of Regulated Municipal Waste and Designated Recyclable Materials. The Code Enforcement Officer shall have the power to institute summary criminal proceedings for the violation of this article and shall be considered a law enforcement officer under the Pennsylvania Rules of Criminal Procedure for the purposes of enforcing this article.
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.
The existence or exercise of any remedy provided by this article shall not prevent the Borough from exercising any other remedy available at law or equity.