[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]
A.
COUNTY
EXISTING CONTRACT
FACILITY
FULL SYSTEM OPERATION or FULLY OPERATIONAL
LCSWMA
MUNICIPALITY
PERSON
PLAN
POINT OF ENTRY INTO THE SYSTEM
RECYCLING
REGULATED MUNICIPAL WASTE
(1)
(2)
(3)
(4)
(5)
(6)
SOURCE SEPARATION
SYSTEM
TRANSFER FACILITY
The following terms shall have the following meanings
when used in this article:
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 Township.
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.
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.[1]
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 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:
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.
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 municipality. 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 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.[1]
[1]
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.
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 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.
B.
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.
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 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.
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 § 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.
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.[1]
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 Township
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 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).
B.
Recycling. The prohibition set forth in Subsection A above shall not interfere with the operation of any program for recycling.
C.
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:
(1)
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.
(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 Township pursuant to this section.
(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
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.
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 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.
(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 Township,
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 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.
A.
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.
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 Township, 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 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[1] 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[2] 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").
[1]
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.
[2]
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.
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 will be delivered to the County
system.
(d)
The County agrees to assure reasonable solid
waste disposal fees for residents of the participating municipalities.
(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 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.
(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:
(a)
To finance, to construct and to operate a municipal
waste disposal system to serve this Township and other municipalities
within the County;
(b)
To administer a Countywide recycling program;
and
(c)
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 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.
(5)
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
(a)
Construct and operate or arrange for the construction
and operation of the County system;
(b)
Administer and enforce this article and parallel
ordinances adopted by the County and other municipalities pursuant
to the intermunicipal agreement; and
(c)
The County and the Township 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 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:
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as now or hereafter amended.
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.
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.
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.
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:
The facility identified by LCSWMA's rules and regulations
for the disposal or processing of selected categories of recyclable
materials and regulated municipal waste.
Those recyclable materials designated in § 210-19 or in the Township's policies and procedures for source separation.
Any contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or recyclable
materials generated or located within the Township, which:
Refuse containers which are in excess of the three refuse
containers per residential unit limit.
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.
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.
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.
All commercial, municipal and institutional establishments,
all community activities and all farms within the Township, excluding
residential units and multifamily units.
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.
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.
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:
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.
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.
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.
The process of separating or the separation of recyclable
materials for other solid waste at the point of origin for the purpose
of recycling.
The ferrous metal food or beverage containers commonly known
as tin cans.
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:
A.
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:
B.
Multifamily units and nonresidential units approved
to receive services under the contract shall:
C.
Multifamily units and nonresidential units that do
not receive services under the contract shall:
(1)
Provide recycling containers at easily accessible
locations for source separation of designated recyclable materials.
(2)
Provide written instructions to all persons within
each multifamily unit and nonresidential unit to ensure that all designated
recyclables are source-separated.
(3)
Provide collection and transportation of source-separated
designated recyclable materials at a frequency of not less than once
per month.
(4)
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.
D.
Multifamily units and nonresidential units shall source-separate
and prepare leaves for collection in accordance with the Township's
policies and procedures.
A.
All residential units shall source-separate the recyclable
materials designated in the Township's policies and procedures.
B.
All multifamily units shall source-separate the following
recyclable materials:
C.
All nonresidential units shall source-separate the
following recyclable materials:
(1)
Glass.
(2)
Aluminum.
(3)
Steel and bimetallic cans.
(4)
Newsprint.
(5)
Yard waste, unless they have otherwise provided for
composting.
(6)
Leaves, unless they have otherwise provided for composting.
(7)
High grade office paper.
(8)
Corrugated cardboard.
(9)
Tires.
(10)
Large appliances (white goods).
A.
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.
B.
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:
C.
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:
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.
A.
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.
B.
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.
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, 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.
C.
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:
A.
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.
B.
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.
A.
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:
(1)
Application procedures, fees, standards and conditions
for licenses.
(2)
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.
(3)
Any other matters deemed necessary or convenient by
the Township.
B.
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.
