[HISTORY: Adopted by the Borough Council
of the Borough of Denver as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-15-1986 by Ord. No. 412 Ch.
20, Part 1 of the 1996 Code)]
A.
BOROUGH
COUNTY
EXISTING CONTRACT
FACILITY
FULL SYSTEM OPERATION or FULLY OPERATIONAL
LCSWMA
MUNICIPALITY
PERSON
PLAN
POINT OF ENTRY INTO THE SYSTEM
RECYCLING
REGULATED MUNICIPAL WASTE
SOURCE SEPARATION
SYSTEM
TRANSFER FACILITY
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.
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.
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.
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 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.
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 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.
B.
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.
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 this Borough. This prohibition shall
become effective 120 days from the effective date of this section
of this article.
B.
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.
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 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.
B.
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.
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 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.
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 § 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.
C.
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.
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
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 regulations 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 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.
B.
Recycling. The prohibition set forth in § 156-6A of this article shall not interfere with the operation of any program for recycling.
C.
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:
(1)
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;
(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 Borough pursuant to this section;
and
(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 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.
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 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;
(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,
the county, LCSWMA or their personnel in the performance of any duty
under this article or in the enforcement of this article;
(6)
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.
A.
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.
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, the county or LCSWMA
from exercising any other remedy provided by this article or otherwise
provided at law or equity.
A.
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]
B.
Terms and implementation of Intermunicipal Agreement.
As more fully set forth in the Intermunicipal Agreement and this article:
(1)
Conditions and terms of agreement. In the agreement:
(a)
The county agrees:
[1]
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;
[2]
To coordinate recycling activities and marketing;
and
[3]
To 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;
and
(e)
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.
(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 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.
(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 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 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.
(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 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."
A.
The Solid Waste Management Act,[1] 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.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
B.
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.
C.
The Municipal Waste Planning, Recycling and Waste
Reduction Act,[2] 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.
[2]
Editor's Note: See 53 P.S. § 4000.101
et seq.
D.
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:
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97, as now or hereafter amended.[1]
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.[2]
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.
The Borough of Denver, Lancaster County, Pennsylvania.
The governing body of the Borough.
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 consists only of clear food and beverage containers
made of glass, of one gallon or less capacity, and comprised of the
hard, brittle and transparent or partially transparent substance produced
by fusion of silica and silicates or sand containing soda and lime
and/or other chemicals and substances usually included in the manufacture
of glass.
Colored Glass consists only of green or brown food and beverage
containers made of glass, of one gallon or less capacity, and comprised
of the hard, brittle and transparent or partially transparent substance
produced by fusion of silica and silicates or sand containing soda
and lime and/or other chemicals and substances usually included in
the manufacture of glass.
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.
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.
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
Those Recyclable Materials designated in § 156-20 of this article for Source Separation.
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.
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
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).
Desktop generated white paper limited to ledger, copy paper,
and computer printout (CPO).
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:
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, 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, as amended.
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.
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."
All commercial, industrial, 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.
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).
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.
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.
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.
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.
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a building containing three or fewer dwelling
units, excluding Farms.
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.
The removal of Designated Recyclable Materials in violation of § 156-27 of this article.
A system where Recyclable Materials, commonly fibers and
glass, metal and plastic containers, are collected and processed together.
Any waste, including but not limited to Municipal, Residual,
or Hazardous Wastes, including solid, liquid, semisolid or contained
gaseous materials.
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.
The ferrous metal food or beverage containers commonly known
as "tin cans."
Any pneumatic rubber automobile, truck, or farm implement
tire.
The following types of Solid Waste are Unacceptable Waste
unless approved by LCSWMA on a case-by-case basis:
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.
All garden residues, leaves, shrubbery, tree trimmings, grass
clippings, and sod.
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.
A.
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.
B.
Each Person who owns a Multifamily Unit or Nonresidential
Unit 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; and
(3)
Provide collection and delivery to a Facility of Source
Separated Designated Recyclable Materials at a frequency of not less
than once per month.
A.
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.
B.
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.
C.
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.
A.
General regulations.
(1)
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.
(2)
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).
(3)
All storage practices shall, at a minimum, conform
to the requirements of all applicable Federal, State and local laws
and regulations.
(4)
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.
(5)
Bulky waste shall be stored so that collection of
water and harborage of rodents are prevented.
(6)
Containers shall be stored on the property where the
Regulated Municipal Waste and Designated Recyclable Materials are
generated.
(7)
Regulated municipal waste or source separated recyclable
materials from Residential units shall not be stored at curbside prior
to collection.
(8)
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.
B.
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:
(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.
C.
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, with a capacity
of not more than 30 gallons.
(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:
D.
Composting. Occupants of Residential Units may compost
Yard Wastes which are generated at said Residential Unit according
to the following guidelines:
(1)
Backyard composting must be done in strict compliance
with accepted standards and guidelines of the Penn State Cooperative
Extension Service, DEP, and/or LCSWMA.
(2)
Composting must be done within an enclosed structure
that controls access to animals and vectors.
(3)
Only yard wastes or other vegetative matter may be
composted. No meat or Putrescible Waste may be composted.
(4)
Compost must be turned and mixed on a regular basis
to prevent odors, attraction of vectors and to ensure degradation
of materials being composted.
(5)
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.
A.
All persons within the Borough shall 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.
D.
Newsprint shall be tied in bundles or placed in paper
grocery bags.
E.
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.
F.
All batteries shall be placed in battery bags provided
by the Borough.
A.
Residential.
(1)
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.
(2)
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.
(3)
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.
(4)
The schedule for collection of Regulated Municipal
Waste and Designated Recyclable Materials shall be as specified in
the Borough's Policies and Procedures.
(5)
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.
B.
Nonresidential and multifamily units.
(1)
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.
(2)
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.
C.
General.
(1)
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.
(2)
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).
(3)
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.
(4)
Each permitted collector shall collect and deliver,
separately to a LCSWMA Facility battery dropoff location, all Battery
Bags placed at Curbside by Residential Units.
(5)
All permitted collectors shall insure that collection
of Regulated Municipal Waste and Source Separated Recyclable Materials
shall comply with all of the following requirements:
(a)
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.
(b)
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.
(c)
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.
A.
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.
B.
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.
C.
Applicants for a Collection Permit to operate as a
Permitted Collector within the Borough shall demonstrate that:
(1)
A valid license has been issued by LCSWMA to the applicant.
(2)
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.
(3)
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.
(4)
All disposal of Regulated Municipal Waste other than
Designated Recyclable Materials shall be at a Facility.
(5)
All designated recyclable materials shall be recycled
and shall not be disposed of as Regulated Municipal Waste.
(6)
Insurance shall be obtained for the applicant's proposed
operation in the Borough. A certificate of insurance demonstrating
limits as follows:
(7)
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.
D.
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.
E.
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:
(1)
Fails to maintain a valid license issued by LCSWMA.
(2)
Violates any of the provisions of this article or
the Borough's Policies and Procedures.
(3)
Improperly disposes of Designated Recyclable Materials
or Regulated Municipal Waste.
(4)
Scavenges.
(5)
Fails to perform in good faith all the covenants of
any agreement entered into with Customers.
F.
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.
G.
Collection Permits are not transferable to any other
Person.
A.
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.
B.
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.
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, 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.
C.
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.[1]
[1]
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.
