[HISTORY: Adopted by the Board of Supervisors of the Township of East Cocalico 6-2-2004 by Ord. No. 2004-07. Amendments noted where applicable.]
GENERAL REFERENCES181a Appendix A
Brush, grass and weeds — See Ch. 63.
Open burning — See Ch. 79.
Nuisances — See Ch. 141.
Any capitalized term, if not defined in this chapter, shall have the meaning as from time to time set forth in the LCSWMA Rules and Regulations which are incorporated into this chapter by reference. In addition, as used in this chapter, the following terms shall have the following meanings:
- ACT 97
- The Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as now or hereafter amended.
- 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.
- Designated Recyclable Materials:
- 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.
- A desktop or notebook computer. The term does not include
an automated typewriter, professional workstation, server, mobile
telephone, portable handheld calculator, portable digital assistant,
MP3 player or other similar device.[Added 11-6-2013 by Ord. No. 2013-04]
- CORRUGATED CARDBOARD
- Unbleached, unwaxed kraft paper that is formed into layers with a fluted medium and manufactured into shipping boxes and related products.
- COVERED COMPUTER DEVICE
- A desktop or notebook computer or computer monitor or peripheral,
marketed and intended for use by a consumer. The term does not include
a covered television device.[Added 11-6-2013 by Ord. No. 2013-04]
- COVERED DEVICE
- A covered computer device and covered television device and
intended for use by a consumer. The term does not include:[Added 11-6-2013 by Ord. No. 2013-04]
- A. A device that is a part of a motor vehicle or any component part of a motor vehicle assembled by or for a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;
- B. A device that is functionally or physically a part of or connected to or integrated within equipment or a system designed and intended for use in an industrial, governmental, commercial, research and development or medical setting, including, but not limited to, diagnostic, monitoring, control or medical products as defined under the Federal Food Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.), or equipment used for security, sensing, monitoring, antiterrorism, emergency services purposes or equipment designed and intended primarily for use by professional users;
- C. A device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier or exercise equipment; or
- COVERED TELEVISION DEVICE
- An electronic device that contains a tuner that locks on
to a selected carrier frequency and is capable of receiving and displaying
television or video programming via broadcast, cable or satellite,
including, without limitation, any direct view or projection television
with a viewable screen of four inches or larger whose display technology
is based on cathode-ray tube, plasma, liquid crystal, digital light
processing, liquid crystal on silicon, silicon crystal reflective
display, light-emitting diode or similar technology marketed and intended
for use by a consumer primarily for personal purposes. The term does
not include a covered computer device or a mobile telephone.[Added 11-6-2013 by Ord. No. 2013-04]
- The correct location for the placement of Refuse Containers and Recycling Containers for the purpose of collection by the Licensed Hauler, which shall be:
- A person who independently contracts with a Licensed Hauler for the collection of Regulated Municipal Waste and Designated Recyclable Materials.
- DESIGNATED RECYCLABLE MATERIALS
- Those Recyclable Materials designated in § 181-6 of this chapter 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 Municipality which:
- 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.
- GLASS, CLEAR
- 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.
- GLASS, COLORED
- 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.
- HAZARDOUS 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:
- A. Cause or significantly contribute to an increase in mortality or morbidity in either an individual or the total population; or
- B. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The term does not include:
- (1) Coal refuse as defined in the Coal Refuse Disposal Control Act (52 U.S.C.A. §§ 30.51-30.62);
- (2) 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. §§ 691.1-691.1001);
- (3) Solid or dissolved material in domestic sewage;
- (4) Solid dissolved materials in irrigation return flows;
- (5) 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
- (6) 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.
- Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act of 1945, as amended.
- LCSWMA FACILITY
- Any Facility owned or operated by or on behalf of LCSWMA.
- LICENSED HAULER
- A person who is in possession of all pertinent permits and licenses which may be required by:
- A form supplied by LCSWMA to be completed and signed by each Person who collects Solid Waste or Source-Separated Recyclable Materials and which specifies, inter alia:
- 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.
- The Township of East Cocalico.
- MUNICIPALITY'S POLICIES AND PROCEDURES
- The rules and regulations adopted and revised from time to time by the Municipality which govern and pertain to:
- Paper which has been used for the production of daily, weekend and special edition publications commonly known as newspapers.
- NONRESIDENTIAL UNITS
- All commercial, municipal and institutional establishments, all Community Activities and all farms, excluding Residential Units and Multifamily Units.
- OPEN BURNING
- A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
- 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, springwater, and detergent bottles).
- RECYCLABLE MATERIALS
- Any materials 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 Municipality. 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:
- REGULATED MUNICIPAL WASTE
- Any Solid Waste generated or collected within the Municipality 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 or Hazardous Waste from a municipal, commercial or institutional water supply treatment plant, waste water 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 few 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:
- 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.
- 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.
All Persons within the Municipality 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 Municipality 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 chapter, the Municipality'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:
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 utilizing a Licensed Hauler to deliver such Waste 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:
Each Person who owns or occupies a Nonresidential Unit shall Source Separate the following Recyclable Materials:
No person other than a Licensed Hauler 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 were generated at such Person's residence.
Each Licensed Hauler 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 Licensed Hauler shall establish, and notify each Customer, of procedures for the Source Separation, segregation and packaging of Regulated Municipal Waste and Designated Recyclable Materials. Such 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 Licensed Hauler to the Customer. Each Licensed Hauler shall schedule collections for Tires, White Goods, and Yard Waste at least once annually and shall give Customers at least thirty-day advance notice of the schedule for such collections.
Each Licensed Hauler shall complete monthly LCSWMA manifests, as required, reporting the amount of Regulated Municipal Waste and Designated Recyclable Materials collected in the Municipality. Each Licensed Hauler shall submit copies of LCSWMA manifests to the Municipality, upon request.
The scheduled collection of Regulated Municipal Waste and Designated Recyclable Materials shall be as specified in the Municipality's Policies and Procedures.
Recycling Containers for Residential Units will be provided by the Municipality, which shall retain title to all such Recycling Containers. Licensed Haulers shall distribute Recycling Containers to all of their Residential Unit Customers in accordance with guidelines to be established by the Municipality.
Nonresidential and Multifamily Units.
No Person other than a Licensed Hauler shall collect on-site Regulated Municipal Waste or Designated Recyclable Materials generated in any Nonresidential or Multifamily Unit.
Each Licensed Hauler 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 Municipality.
All Regulated Municipal Waste and Designated Recyclable Materials generated or collected in the Municipality 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 Licensed Hauler 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 Subsection C(2).
Each Licensed Hauler shall give written notice to each Customer of such Licensed Hauler's obligations under this chapter and particularly the requirement to offer collection services for Designated Recyclable Materials.
Each Licensed Hauler shall collect and deliver, separately to a LCSWMA Facility battery drop-off location, all Battery Bags placed at Curbside by Residential Units.
All persons who desire to collect on-site, store, process or dispose of Regulated Municipal Waste or Designated Recyclable Materials within the Municipality shall obtain a Collection Permit from the Municipality prior to performance of any such activities.
Every person desiring a Collection Permit under this chapter shall make application to the Municipality. 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. (The Municipality may establish an annual Collection Permit fee set by ordinance or resolution.)
Applicants for a Collection Permit to operate as a Licensed Hauler within the Municipality 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 Pennsylvania Department of Environmental Protection (PADEP), LCSWMA, and all Municipality ordinances and the Municipality 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 Municipality. 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 Municipality Collection Permits shall be issued for a period of one year or longer. (There will be no proration of collection permit fees in the event a permit is held for less than a full year.) The Municipality'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 Municipality at any time for just cause. Just cause shall include, but not be limited to, where the Licensed Hauler:
Fails to maintain a valid license issued by LCSWMA;
Violates any of the provisions of this chapter or the Municipality'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 Municipality Customers or Other 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 Municipality. 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 Municipality 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 Municipality, 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 Municipality.
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. Notwithstanding the foregoing or § 181-6, Yard Waste may be composted to the extent and in the manner provided in the Municipality'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 Licensed Hauler who has contracted to provide on-site collection. It shall be a violation of this chapter for any Person, other than such Licensed Hauler, to collect or pick up, or cause to be collected or picked up, any such Designated Recyclable Materials.
Nothing in this chapter 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 chapter unless such renewal or modification or new contract shall conform to the requirements of this chapter and the Municipality's Policies and Procedures.
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this § 181-11 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 chapter, such contract shall be deemed void and the Licensed Hauler that is a party to such contract:
The Municipality shall have the power to issue the Municipality's Policies and Procedures governing all matters set forth in this chapter and any other related matters deemed necessary or convenient by the Municipality. The Municipality's Policies and Procedures shall be effective when issued in writing and signed by an official of the Municipality. The Municipality shall have the power to establish record and reporting requirements, and standards and procedures for the issuance, administration and revocation of licenses, as deemed necessary, including, without limitation:
Application procedures, fees, standards and conditions for license;
The fixing of a monetary bond, with or without surety, to secure the compliance by any Licensed Hauler with any such requirements, standards or procedures; and
Any other matters deemed necessary or convenient by the Municipality.
In the event of suspension or revocation of any license which is issued by the Municipality or LCSWMA, the Person whose license is suspended or revoked shall refund to each Customer any prepaid fees.
It shall be unlawful for any Person to violate, or cause or permit or assist in the violation of, any provision of this chapter. All unlawful conduct shall also constitute a public nuisance.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
For purposes of the obligations established by this chapter or the Municipality's Policies and Procedures, and for purposes of any fine, penalty, imprisonment or other sanction, the terms "Persons," "Residential Unit," "Multifamily Unit" and "Nonresidential Unit" shall:
Include officers and directors of any corporation or other legal entity having officers and directors; and
Refer to, and impose joint and several liability upon, both:
In addition to any other remedy provided in this chapter, the Municipality may institute proceedings to restrain any violation of, or to require compliance with, this chapter.
The existence or exercise of any remedy provided by this chapter shall not prevent the Municipality from exercising any other remedy available at law or equity.