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.
ALUMINUM
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.
COMMINGLED
Designated Recyclable Materials:
A.
Which have been segregated from Regulated Municipal
Waste but which have not been separated into different types of Recyclable
Materials; and
B.
Which have been placed in a Recycling Container
for the purpose of collection.
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.
COMPOSTING
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
COMPUTER
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
D.
Any of the following:
(1)
Telephone of any type, including a mobile phone.
(2)
Personal digital assistant.
(3)
Global positioning system.
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]
CURBSIDE
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.
Adjacent to the Residential Unit; and
B.
No more than five feet from the public street
used by collection vehicles.
CUSTOMER
A person who independently contracts with a Licensed Hauler
for the collection of Regulated Municipal Waste and Designated Recyclable
Materials.
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:
A.
Was legally entered into prior to the effective
date of this chapter; and
B.
When entered into was legally enforceable.
FACILITY
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.
FARM
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.
GENERATOR
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).
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:
C.
Chlorinated hydrocarbons;
D.
Fluorescent light bulbs and other mercury-containing
devices;
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.
LCSWMA
Lancaster County Solid Waste Management Authority, a municipal
authority organized and existing under the Municipality Authorities
Act of 1945, as amended.
LICENSED HAULER
A person who is in possession of all pertinent permits and
licenses which may be required by:
A.
The Commonwealth of Pennsylvania and LCSWMA,
for the off-site collection, transportation, storage or disposal of
Solid Waste or Recyclable Materials; and
B.
The Municipality for the on-site collection
of Solid Waste or Recyclable Materials generated within the Municipality.
MANIFEST
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:
A.
The source, type, quantity and delivery point
for the Solid Waste or Source-Separated Recyclable Materials;
B.
The applicable license number; and
C.
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.
MUNICIPALITY'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to
time by the Municipality which govern and pertain to:
A.
The Municipality's Recycling program; and
B.
The on-site collection or storage of Regulated
Municipal Waste within the Municipality.
NEWSPRINT
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.
PERSON
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.
PLASTICS
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.
RECYCLING
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:
A.
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
B.
A polyethylene bag which:
(1)
Is specifically designed for storage and collection;
(2)
Is protected against animal damage and overloading
so as to prevent littering or attraction of insects or rodents;
(3)
Has a holding strength capable of withstanding
normal stresses until it is collected.
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:
A.
Coal refuse as defined in the Coal Refuse Disposal
Act; or
B.
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.
SCAVENGING
The removal of Designated Recyclable Materials in violation of §
181-10 of this chapter.
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.
TIRES
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:
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;
F.
Infectious/pathological waste; and
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:
A. Themselves delivering such materials to a Facility;
or
B. Utilizing a Licensed Hauler to collect and deliver
such materials to a Facility.
[Amended 11-6-2013 by Ord. No. 2013-04; 10-18-2018 by Ord. No. 2018-05]
A. Each person who owns or occupies a Residential Unit shall Source
Separate those Recyclable Materials set forth on Appendix "A" which
is attached hereto and made a part hereof. The Appendix setting forth Recyclable Materials are those currently being accepted by LCSWMA. In the event that the Recyclable Materials being accepted by LCSWMA are changed, Appendix "A"
attached to this chapter shall likewise be changed to reflect the updated list of acceptable Recyclable Materials.
B. Each person who owns or occupies a Multifamily Unit shall Source
Separate those Recyclable Materials set forth on Appendix "B" which
is attached hereto and made a part hereof. The Appendix setting forth Recyclable Materials are those currently being accepted by LCSWMA. In the event that the Recyclable Materials being accepted by LCSWMA are changed, Appendix 'B"
attached to this chapter shall likewise be changed to reflect the updated list of acceptable Recyclable Materials .
C. Each person who owns a Nonresidential Unit shall Source Separate
those Recyclable Materials set forth on Appendix "C" which is attached
hereto and made a part hereof. The Appendix setting forth Recyclable Materials are those currently being accepted by LCSWMA. In the event that the Recyclable Materials being accepted by LCSWMA are changed, Appendix ''C"
attached to this chapter shall likewise be changed to reflect the updated list of acceptable Recyclable Materials.
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.
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:
A. Include officers and directors of any corporation
or other legal entity having officers and directors; and
B. Refer to, and impose joint and several liability upon,
both:
(1) The person residing in or occupying any such Residential,
Multifamily or Nonresidential Units; and
(2) The owner, landlord, condominium owners' association
and/or agent of an owner, landlord or condominium owners' association
of such premises.
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.