[HISTORY: Adopted by the Board of Supervisors of the Township of East Hempfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-21-1987 by Ord. No. 87-2]
The following terms shall have the following meanings when used in this article:
- The County of Lancaster.
- EXISTING CONTRACT
- Any agreement or contract fully executed prior to the effective date of this article for the collection, disposal or transportation of municipal waste generated within this Township.
- The waste-to-energy incinerator to be constructed by or on behalf of LCSWMA pursuant to the plan.
- FULL SYSTEM OPERATION or FULLY OPERATIONAL
- That date which is 60 days from the date upon which the County and other municipalities representing in the aggregate not less than 60% of the population of the County, as determined by the 1980 Decennial Census of the United States, execute the intermunicipal agreement and enact waste flow ordinances.
- The Lancaster County Solid Waste Management Authority, its assigns, its successors in interest and its predecessor in interest, the Lancaster Area Refuse Authority.
- The Township of East Hempfield, a township of the second class located within the County of Lancaster, Commonwealth of Pennsylvania.
- Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, penalty, imprisonment or denial or grant of any license, the term "person" shall include the officers and directors of a corporation or other legal entity having officers and directors.
- The municipal waste management plan for the County adopted by the County or municipalities therein and approved by the Pennsylvania Department of Environmental Protection.
- POINT OF ENTRY INTO THE SYSTEM
- Any delivery site within the system designated by LCSWMA for delivery of regulated municipal waste.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, yard waste and other materials which would otherwise become municipal waste.
- REGULATED MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid or semisolid material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any other solid waste which is within the definition of municipal waste set forth in Section 103 of the Pennsylvania Solid Waste Management Act, Act of July 2, 1980, P.L. 380, No. 97, 35 P.S. § 6018.103, and which LCSWMA, the County or any contractor ("contractor") selected by the County or LCSWMA to construct and/or operate a resource-recovery facility or facilities to be located within the municipal boundaries of the County by ordinance or regulation is willing to accept at the facility, but excluding:
- (1) Any liquid waste or sludge.
- (2) Any waste which is defined by existing or future federal or state law or regulation as hazardous waste or residual waste.
- (3) Infectious waste, pathological waste or other waste for which treatment or handling requirements different from those normally applicable to municipal waste apply.
- (4) Polychlorinated biphenyls.
- (5) Any waste which may be marketable and which is intentionally segregated for purposes of recycling.
- (6) Materials specifically excluded under applicable County or LCSWMA ordinances, rules or regulations.
- SOURCE SEPARATION
- The segregation and collection, prior to delivery to a point of entry into the system, of materials for the sole purpose of recycling.
- The overall solid waste management and disposal system and every aspect thereof owned or operated by or on behalf of LCSWMA, including, without limitation, equipment, transfer stations, resource-recovery facilities and landfills, owned or operated or to be acquired, constructed or operated by LCSWMA or any agent, designee or contractor thereof in implementation of the plan.
- TRANSFER FACILITY
- Any solid waste facility which is now or hereafter may be established by LCSWMA or the County for the purpose of accepting solid waste for processing and economical consolidation for subsequent delivery to the facility or other solid waste disposal site.
All other words and phrases shall have the same meanings as set forth in the Pennsylvania Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., as it may hereinafter be amended or supplemented by legislation regarding municipal waste planning.
Licensing. No person who is not duly licensed by LCSWMA to deliver waste to the County system may collect or transport municipal waste located or generated within this municipality. This prohibition shall become effective 120 days from the effective date of this section of this article.
Compliance with rules, regulations and ordinances. In carrying on activities related to solid waste collection or transportation within this Township, 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 Township 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 P.S. § 315, as hereafter amended.
Editor's Note: 53 P.S. § 315 was repealed 6-19-2001 by P.L. 287, No. 22; for subject matter of the repealed sections, see now the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
Administration. Licenses hereunder shall be issued, revoked and administered by LCSWMA.
Delivery to LCSWMA/County sites. All municipal waste collectors and transporters shall deliver and dispose of all regulated municipal waste collected or generated within the Township at a transfer station or disposal facility owned and operated by or on behalf of LCSWMA, subject to such reasonable regulations for the operation thereof as may be established by the County or LCSWMA.
Disposal at other sites. Disposal of regulated municipal waste collected or generated within the Township 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 Township. Disposal of regulated municipal waste at an existing facility from sources reflected on the notice to the Township, the County and LCSWMA as provided in § 210-6C of this article shall be permitted.
Recycling. Nothing herein shall be deemed to prohibit source separation or recycling or to affect any sites at which source separation or recycling may take place.
Compliance with County and LCSWMA regulations. The collection, transportation and disposal of municipal waste present or generated within the Township 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 P.S. § 315, as hereafter amended, including, without limitation, regulations governing applications and standards for licensing, fees to be charged for such licensing, the terms of licenses, procedures, recordkeeping, transportation routes and other matters.
County authorization to adopt regulations. Rules and regulations adopted by the County pursuant to the parallel County waste flow ordinance to be adopted pursuant to the intermunicipal agreement described in § 210-11 hereof shall be deemed rules and regulations adopted under this article, and the County is hereby authorized to adopt such rules and regulations.
Consistency of regulations with ordinance and other laws. No rules or regulations adopted pursuant to this article shall be contrary to or less stringent than the provisions of this article, the plan, the County waste flow ordinance, the Pennsylvania Solid Waste Management Act or regulations adopted thereunder, or such other laws, regulations or requirements as may be enacted by the United States of America, the Commonwealth of Pennsylvania, the Pennsylvania Department of Environmental Protection or the Pennsylvania Environmental Quality Board governing municipal waste planning, collection, storage, transportation, processing or disposal.
Noninterference with existing contracts. Nothing contained in this article shall be construed to interfere with or in any way modify the provisions of any existing contract in force in the Township on the effective date of this article.
New contracts and renewals of existing contracts. No renewal of any existing contract upon the expiration of the original term thereof and no new contract for municipal waste collection, transportation, processing or disposal shall be entered into after the effective date of this article, unless such renewal or such contract shall conform to the requirements of this article, the County waste flow ordinance, rules and regulations promulgated thereunder and the terms of licenses issued thereunder.
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 Township as a municipal waste processing or disposal facility, either for municipal waste generated within the Township or elsewhere, without the express written approval of the Township, the County and LARA (Lancaster Area Refuse Authority).
Recycling. The prohibition set forth in Subsection A above shall not interfere with the operation of any program for recycling.
Existing facilities. The prohibition set forth in Subsection A above 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 that:
The owner or operator of the facility provides written notice to the County and the Township of the facility permit number, address, ownership and existing sources of waste no later than 60 days after the effective date of this article.
The facility accepts regulated municipal waste from no sources within the County other than those then authorized by the facility's solid waste permit and then being accepted, as reflected on the notice provided the County and Township pursuant to this section.
The facility shall not be expanded in capacity, with the exception of facilities owned or operated by or on behalf of another county, which facilities may expand if such expansion is consistent with a DEP-approved municipal waste management plan.
Notices under this section shall be submitted to the Secretary of the Township on behalf of the Township. The County may, by resolution, designate LCSWMA or another authority or agency as the entity which will receive notice pursuant to this section.
Unlawful conduct. It shall be unlawful for any person to:
Accumulate or cause to be accumulated municipal waste in an amount greater than 20 tons, other than waste which has been source-separated for the purpose of recycling.
Violate, cause or assist in the violation of any provision of this article, any rule, regulation or order promulgated hereunder, or any rule, regulation or order promulgated by LCSWMA or the County consistent with this article.
Process, treat, transfer or dispose of or cause to be processed, treated, transferred or disposed of regulated municipal waste generated within the Township 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 § 210-6C of this article without the express written consent of any municipality within which the facility is located, the County and LCSWMA.
Collect or transport municipal waste present or generated within the County without a valid license for disposal issued by LCSWMA.
Hinder, obstruct, prevent or interfere with the Township, the County, LCSWMA or their personnel in the performance of any duty under this article or in the enforcement of this article.
Act in a manner that is contrary to the Pennsylvania Solid Waste Management Act, regulations promulgated thereunder, the plan, this article, the County ordinance, rules or regulations promulgated thereunder or the terms of licenses issued thereunder.
Any person, firm or corporation who engages in unlawful conduct as defined by this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $150 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
Upon finding that any person has engaged in unlawful conduct as defined in this article, LCSWMA, the Township or the County may revoke any license issued by LCSWMA to that person in accordance with § 210-2 of this article, and LCSWMA may deny any subsequent application by that person for a license pursuant to § 210-2 hereof.
Restraining violations. In addition to any other remedy provided in this article, the Township, 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 § 210-8 hereof and revoke any licenses as authorized by § 210-9 hereof.
Concurrent remedies. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township, the County or LCSWMA from exercising any other remedy provided by this article or otherwise provided at law or equity.
Entry into intermunicipal agreement. In order to implement the intent and terms of this article, the Township, pursuant to the authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, codified at 53 P.S. §§ 481 to 490 and Article IX, § 5 of the Constitution of the Commonwealth of Pennsylvania, hereby enters into the intermunicipal joint cooperation agreement between this Township, the County and other municipalities within the County of Lancaster, which is attached hereto as Exhibit A and incorporated herein, 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").
Editor's Note: 53 P.S. §§ 481 to 490 was repealed 12-19-1996 by P.L. 1158, No. 177. For subject matter of the repealed sections, see now 53 Pa.C.S.A. § 2301 et seq.
Editor's Note: The intermunicipal joint cooperation agreement between this Township, the County and other municipalities within the County of Lancaster is on file at the Township office.
Terms and implementation of intermunicipal agreement, as more fully set forth in the intermunicipal agreement and this article.
Conditions and terms of agreement. In the agreement:
The County agrees
To arrange for the provision of municipal waste disposal facilities for the economical and environmentally sound disposal of municipal waste generated within the participating municipalities;
To coordinate recycling activities and marketing; and
To assure continuing municipal waste planning for the County and the participating municipalities by entering into an agreement with LCSWMA.
The County and participating municipalities representing, in the aggregate, not less than 60% of the population of the County each agree to enact a waste flow ordinance in a form substantially similar to this article and to assure otherwise that all acceptable municipal solid waste will be delivered to the County system.
The County agrees to assure reasonable solid waste disposal fees for residents of the participating municipalities.
The parties agree to cooperate in the joint enforcement of the intermunicipal agreement and all ordinances enacted pursuant to the intermunicipal agreement and this Township thereby agrees cooperatively to exercise, to delegate to the County and to allow delegation of such powers, duties and responsibilities as set forth in the intermunicipal agreement.
Duration of term of the agreement. The term of the intermunicipal agreement shall commence upon the date on which the County and other municipalities representing at least 60% of the population of the County have executed the intermunicipal agreement and shall terminate 40 years following that date, unless terminated earlier for cause.
Purpose and objectives of agreement. The purpose of the intermunicipal agreement is to provide a mechanism:
To finance, to construct and to operate a municipal waste disposal system to serve this Township and other municipalities within the County;
To administer a Countywide recycling program; and
To provide continuing municipal waste planning, as more fully set forth in the recitals to the intermunicipal agreement and this article.
Manner and extent of financing the agreement. Enforcement of this article shall be financed by the County's general revenues, except insofar as the Township elects to enforce this article; administration of this article, the recycling program and planning shall be financed by LCSWMA with revenues received from operation of the County system; and construction and operation of the County system shall be financed by debt instruments issued by LCSWMA and operating revenues.
Organizational structure necessary to implement the agreement. LCSWMA shall be formed from LARA (Lancaster Area Refuse Authority) by amendment of LARA's Articles of Incorporation; LCSWMA shall
Construct and operate or arrange for the construction and operation of the County system;
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 Township shall enforce said waste flow ordinances with assistance from LCSWMA.
Management and acquisition of property. All property within the County system shall be acquired, managed and disposed of by LCSWMA, in accordance with its separate agreement with the County and the powers and duties imposed upon LCSWMA by law.
Execution. Appropriate officers of the Township are authorized and directed to execute the intermunicipal agreement on behalf of the Township.
The Township 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 by Ord. No. 7-5-1990]
Any capitalized term which refers to a category or type of solid waste, if not defined in this article, shall have the meaning as from time to time set forth in LCSWMA's rules and regulations. In addition, as used in the article, 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 known as aluminum. This description excludes aluminum foil, trays, plates and miscellaneous aluminum products.
- COMMENCEMENT DATE
- September 1, 1990, the date upon which the Township's mandatory recycling program and the contract collection services begin.
- Recyclable materials which have been segregated from regulated municipal waste, but which have not been separated into types of recyclable materials, and which have been placed in a recycling container for the purpose of collection.
- COMMUNITY ACTIVITIES
- Events attended by 200 or more individuals per day that are sponsored by public or private agencies or individuals, including, but not limited to, fairs, bazaars, socials, picnics and organized sporting events.
- The agreement between the Township and a hauler under which collection services are to be provided to residential units for contract waste and for recyclable materials other than leaves.
- The person providing contract waste and recyclable materials collection services under the contract.
- CONTRACT WASTE
- Those portions of regulated municipal waste which are to be collected and disposed of under the contract. Contract waste consists exclusively of the following:
- The correct location for the placement of refuse containers and recycling containers for the purpose of collection by the contractor, which shall be:
- DESIGNATED DISPOSAL FACILITY
- The facility identified by LCSWMA's rules and regulations for the disposal or processing of selected categories of recyclable materials and regulated municipal waste.
- DESIGNATED RECYCLABLE MATERIALS
- Those recyclable materials designated in § 210-19 or in the Township's policies and procedures for source separation.
- EXISTING CONTRACT
- Any contract for the storage, collection, transportation, processing or disposal of regulated municipal waste or recyclable materials generated or located within the Township, which:
- EXTRA REFUSE CONTAINER
- Refuse containers which are in excess of the three refuse containers per residential unit limit.
- EXTRA SERVICE TAG
- A label which must be affixed to tires, large appliances, oversized refuse items, yard waste and extra refuse containers in order for such items to be collected by the contractor.
- Any solid waste storage, collection, transfer, processing or disposal facility or site constructed, owned or operated by or on behalf of LCSWMA or approved by LCSWMA for the processing or disposal of regulated municipal waste or recyclable materials.
- 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 or conveniently included in the manufacture of glass. For purposes of this article, the term "glass" shall mean only those materials commonly known as glass bottles or containers, including all food and beverage containers made of glass, whether clear or colored, of one gallon or less capacity. The term "glass" excludes containers of a greater capacity than one gallon; glass which is not in the form of bottles or containers; glass which is laminated, wired or mirrored; ceramics or crystal.
- Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipalities Authorities Act of 1945, as amended.
- MULTIFAMILY UNIT
- A property with four or more residential units including, without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks within the Township, excluding farms.
- The Township of East Hempfield.
- MUNICIPALITY'S POLICIES AND PROCEDURES
- The rules and regulation adopted and revised from time to time by the Township 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 within the Township, excluding residential units and multifamily units.
- OVERSIZED REFUSE ITEMS
- Refuse which will not fit into refuse containers but which is not bulky waste, including small furniture, portable televisions and the like, but excluding tires and large appliances.
- 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 MATERIALS
- Any material which would be regulated municipal waste but for source separation and which will be separated, collected and processed into raw materials or products which are beneficially reused (other than as fuel).
- The separation, collection, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as regulated municipal waste, or the mechanized separation and treatment of regulated municipal waste (other than through combustion) and creation and recovery of reusable materials other than as a fuel for the creation of energy.
- RECYCLING CONTAINER
- For residential units, the term "recycling container" shall refer to the container supplied by the Township. For multifamily units and nonresidential units, the term "recycling container" shall refer to a receptacle which is constructed of plastic, metal or fiberglass and has handles of adequate strength for lifting.
- All regulated municipal waste, except the following categories of solid waste:
- A. A receptacle which is:
- B. With respect to residential units, the weight of a refuse container and its contents shall not exceed 30 pounds nor shall its capacity exceed 32 gallons.
- REGULATED MUNICIPAL WASTE
- Any solid waste generated or collected within the Township which is garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge which is not residual or hazardous waste from a municipal, commercial or institutional waster supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include designated recyclable materials.
- RESIDENTIAL UNIT
- Any single-family detached, semidetached or townhouse dwelling or a dwelling unit within a multifamily building containing three or fewer dwelling units. When used in this article or the Township's policies and procedures, the term "residential unit" shall also refer to any multifamily unit or nonresidential unit that requests and receives approval from the Township to use the collection services provided under the contract.
- The uncontrolled or unauthorized removal of recyclable materials from the curbside.
- SOURCE-SEPARATE or SOURCE SEPARATION
- The process of separating or the separation of recyclable materials for other solid waste at the point of origin for the purpose of recycling.
- STEEL AND BIMETALLIC CANS
- The ferrous metal food or beverage containers commonly known as tin cans.
- YARD WASTE
- All garden residues, grass clippings, shrubbery and tree prunings less than 1/4 inch in diameter, and similar material, but excluding leaves.
All persons within the Township shall source-separate designated recyclable materials.
Each person who owns or occupies a residential unit, multifamily unit or nonresidential unit within the Township shall ensure that regulated municipal waste and designated recyclable materials generated at such residential unit, multifamily unit and nonresidential unit are collected, transported and disposed of in accordance with this article, the Township's policies and procedures and LCSWMA's rules and regulations.
Collection services for contract waste and for designated recyclable materials other than leaves shall be provided to residential units by the contractor. Leaves shall be collected by the Township. Residential units shall prepare designated recyclable materials and contract waste for collection in accordance with the Township's policies and procedures. With respect to regulated municipal waste which is not contract waste, residential units may elect to provide proper collection, transportation and disposal by either:
Each nonresidential unit and multifamily unit shall provide proper collection, transportation and disposal for regulated municipal waste and designated recyclable materials by utilizing a LCSWMA-licensed hauler to collect and transport such waste to a facility. With respect to contract waste and designated recyclable materials, multifamily units and nonresidential units that elect to contract for collection may either:
Multifamily units and nonresidential units approved to receive services under the contract shall:
Multifamily units and nonresidential units that do not receive services under the contract shall:
Provide recycling containers at easily accessible locations for source separation of designated recyclable materials.
Provide written instructions to all persons within each multifamily unit and nonresidential unit to ensure that all designated recyclables are source-separated.
Provide collection and transportation of source-separated designated recyclable materials at a frequency of not less than once per month.
Submit to the Township on forms provided by the Township reports of the quantities of designated recyclable materials generated and disposed of unless the same information can be obtained.
Multifamily units and nonresidential units shall source-separate and prepare leaves for collection in accordance with the Township's policies and procedures.
All residential units shall source-separate the recyclable materials designated in the Township's policies and procedures.
All multifamily units shall source-separate the following recyclable materials:
All nonresidential units shall source-separate the following recyclable materials:
Steel and bimetallic cans.
Yard waste, unless they have otherwise provided for composting.
Leaves, unless they have otherwise provided for composting.
High grade office paper.
Large appliances (white goods).
With respect to contract waste and designated recyclable materials, other than leaves, generated at residential units, no person other than the contractor shall collect, transport, store, process or dispose of such waste. With respect to regulated municipal waste other than contract waste which is generated at residential units and regulated municipal waste or designated recyclable materials, other than leaves, which are generated at multifamily units or nonresidential units, no person other than a LCSWA-licensed hauler shall collect, transport, store, process or dispose of such waste. Collection of leaves will be arranged by the Township in accordance with the Township's policies and procedures.
No person who generates, owns or possesses designated recyclable materials or regulated municipal waste shall, by contract for collection services or otherwise, cause, permit or assist in the collection, transportation, storage, processing or disposal of such waste by any person other than the contractor with respect to contract waste or designated recyclable materials, other than leaves, generated at residential units and a LCSWMA-licensed hauler with respect to:
No contractor or LCSWA-licensed hauler who collects, transports or disposes of designated recyclable materials or regulated municipal waste shall, by contract for services or otherwise, cause, permit or assist in the storage, collection, transportation, processing or disposal of designated recyclable materials in a manner which treats such materials as regulated municipal waste or which is otherwise inconsistent with source separation or recycling.
No person shall store, process or dispose of any municipal waste on any grounds within the Township other than a facility. Notwithstanding the foregoing, yard waste may be:
Composted on the property which generated such yard waste.
Applied to adjacent agricultural land with the express written permission of the owner of the agricultural land.
Fees for services provided by the Township shall be charged to all residential units within the Township. The amount of fees and the schedule for payment of fees shall be as published from time to time by the Township.
Residential units. From the time of placement at curbside of any designated recyclable materials, all such designated recyclable materials shall be and become the property of the Township or its contractor. It shall be a violation of this article for any person other than the contractor or an agent of the Township to collect or pick up or cause to be collected or picked up any such designated recyclable materials.
Nonresidential units and multifamily units. From the time of placement for collection of any designated recyclable materials, other than leaves, all such designated recyclable materials shall be the property of the generator or the LCSWMA-licensed hauler who has contracted to provide collection, as provided in the contract. It shall be a violation of this article for any person other than such LCSWMA-licensed hauler to collect or pick up or cause to be collected or picked up any such designated recyclable materials.
Nothing in this article shall be construed to impair the obligations of any existing contract.
No renewal or modification of any existing contract and no new contract for the storage, collection, transportation, processing or disposal of regulated municipal waste or recyclable materials shall be entered into after the effective date of this article unless such renewal or modification or new contract shall conform to the requirements of this article and the Township's policies and procedures.
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this section shall provide for collection services to be performed after the commencement date for contract waste or designated recyclable materials generated at residential units. This provision shall not apply to the contract between the Township and the contractor. With respect to any contract which violates this subsection, such contract shall be deemed void, and the hauler that is a party to such contract:
It shall be unlawful for any person to violate, or cause or permit or assist in the violation of, any provision of this article or any provision of the Township's policies and procedures, or to make unauthorized use or reproduction of the extra service tags or recycling containers or other materials which are provided by the Township.
Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.
For purposes of the obligations established by this article or by the Township's policies and procedures, and for purposes of any fine, penalty, imprisonment or other sanction, the terms "person," "residential unit," "multifamily unit" and "nonresidential unit" shall:
Include officers and directors of any corporation or other legal entity having officers and directors and refer to and impose joint and several liability upon both the persons residing in or occupying any such residential, multifamily or nonresidential units and the owner, landlord, condominium owners' association and/or agent of any owner, landlord or condominium owners' association of such premises.
The owner of any residential unit shall provide Township with the number of separate residential units within the owner's property and the names and addresses of each occupant of such residential units.
In addition to any other remedy provided in this article, the Township may institute proceedings to restrain any violation of or to require compliance with this article and/or the Township's policies and procedures.
The penalties and remedies set forth in this article are in addition to, not in lieu of, any fines, penalties or remedies provided in the Township's policies and procedures. The existence or exercise of any remedy shall not prevent the Township from exercising any other remedy provided under this article, the Township's policies and procedures, or available law or equity.
The Township shall have the power to establish record and reporting requirements and standards and procedures for the issuance, administration and revocation of licenses, as deemed necessary, including without limitation:
Application procedures, fees, standards and conditions for licenses.
The fixing of a monetary bond, with or without surety, to secure the compliance by any license hauler with any such requirements, standards or procedures.
Any other matters deemed necessary or convenient by the Township.
In the event of suspension or revocation of any license which is issued by the Township or LCSWMA, the person whose license is suspended or revoked shall refund to each customer any prepaid fees.