Township of Mount Joy, PA
Lancaster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Mount Joy as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 60.
Junkyards — See Ch. 80.
Sewers — See Ch. 100.
[Adopted 1-8-1987 by Ord. No. LXXXVI]
A. 
The following terms shall have the following meanings in this article:
COUNTY
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 municipality.
FACILITY
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.
LCSWMA
The Lancaster County Solid Waste Management Authority, its assigns, its successors in interest and its predecessor in interest, the Lancaster Area Refuse Authority.
MUNICIPALITY
The Township of Mount Joy, a Township of the second class located within the County of Lancaster, Commonwealth of Pennsylvania.
PERSON
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.
PLAN
The municipal waste management plan for the county adopted by the county or municipalities therein and approved by the Pennsylvania Department of Environmental Resources (DER).
POINT OF ENTRY INTO THE SYSTEM
Any delivery site within the system designated by LCSWDA for delivery of regulated municipal waste.
RECYCLING
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. § 60l8.103 (Purdon Supp. 1985), 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.
SYSTEM
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.
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. (Purdon Supp. 1985), 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 municipality, 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 municipality 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. § 314 (Purdon 1974 and Purdon Supp. 1985), as hereafter amended.
C. 
Administration. Licenses hereunder shall be issued, revoked and administered by LCSWMA.
A. 
Delivery to LCSWMA/county sites. All municipal waste collectors and transporters shall deliver and dispose of all regulated municipal waste collected or generated within the municipality 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 municipality 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 municipality. Disposal of regulated municipal waste at an existing facility from sources reflected on the notice to the municipality, the county and LCSWMA as provided in § 110-6C 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 municipality 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. § 314 (Purdon 1974 and Purdon Supp. 1985), 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 § 110-11 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 other provisions. No rules or regulations adopted pursuant to this ordinance 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[1] 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 Resources or the Pennsylvania Environmental Quality Board governing municipal waste planning, collection, storage, transportation, processing or disposal.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
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 municipality on the effective date of this ordinance.
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 municipality as a municipal waste processing or disposal facility, either for municipal waste generated within the municipality or elsewhere, without the express written approval of the municipality, the county and LCSWMA.
[Amended 12-18-1995 by Ord. No. CXLIV]
B. 
Recycling. The prohibition set forth in Subsection A shall not interfere with the operation of any program for recycling.
C. 
Existing facilities. The prohibition set forth in Subsection A shall not interfere with the operation of any 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 municipality 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 municipality 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 DER approved municipal waste management plan.
(4) 
Notices under this section shall be submitted to the Township Secretary on behalf of the municipality. The county may by resolution designate LCSWMA or another authority or agency as the entity which will receive notice pursuant to this section.
A. 
Unlawful conduct. It shall be unlawful for any person to:
(1) 
Accumulate or cause to be accumulated municipal waste in an amount greater than 20 tons, other than waste which has been source-separated for the purpose of recycling.
(2) 
Violate, cause or assist in the violation of any provision of this article, any rule, regulation or order promulgated hereunder or any rule, regulation or order promulgated by LCSWMA or the county consistent with this article.
(3) 
Process, treat, transfer or dispose of, or cause to be processed, treated, transferred or disposed, regulated municipal waste generated within the municipality 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 § 110-6C 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 municipality, 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,[1] regulations promulgated thereunder, the plan, this article, the county ordinance, rules or regulations promulgated thereunder or the terms of licenses issued thereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B. 
Public nuisance. Any unlawful conduct set forth in Subsection A hereof shall constitute a public nuisance.
[Amended 12-18-1995 by Ord. No. CXLIV]
Any person who engages in unlawful conduct as defined in this article shall, upon conviction thereof in a summary proceeding before a District Justice, be sentenced to pay a fine of not less than $150 nor more than $600, plus costs of prosecution, and, in default of payment thereof, shall be committed to the county jail for a period not exceeding 30 days. Each continuing day of violation of this article shall constitute a separate offense.
Upon finding that any person has engaged in unlawful conduct as defined in this article:
A. 
The LCSWMA, the municipality and the county may revoke any license issued by LCSWMA to that person in accordance with § 110-2 of this article.
B. 
The LCSWMA may deny any subsequent application by that person for a license pursuant to § 110-2 hereof.
A. 
Restraining violations. In addition to any other remedy provided in this article, the municipality, 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 § 110-8 hereof and revoke any licenses as authorized by § 110-9 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 municipality, 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 municipality, pursuant to the authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, codified at 53 P.S. §§ 481 to 490 (Purdon 1974 and Purdon Supp. 1984), and Article IX, Section 5, of the Constitution of the Commonwealth of Pennsylvania, hereby enters into the intermunicipal joint cooperation agreement between this municipality, the county and other municipalities within the County of Lancaster, which is attached hereto as Exhibit A[1] 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: Exhibit A is on file and available for inspection in the office of the Township Secretary.
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 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.
(b) 
The county and participating municipalities representing, in the aggregate, not less than 60% of the population of the county each agree to enact a waste flow ordinance in a form substantially similar to this article and to assure otherwise that all acceptable municipal solid waste be delivered to the county system.
(c) 
The county agrees to enact rules and regulations, to cause LCSWMA to enact additional rules and regulations and to administer a licensing program and to enforce this article and the parallel municipal and county waste flow ordinances.
(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 municipality thereby agrees cooperatively to exercise, to delegate to the county and to allow delegation of such powers, duties and responsibilities as set forth in the intermunicipal agreement.
(2) 
Duration of term of the agreement. The term of the intermunicipal agreement shall commence upon the date on which the county and other municipalities representing at least 60% of the population of the county have executed the intermunicipal agreement and shall terminate 40 years following that date, unless terminated earlier for cause.
(3) 
Purpose and objectives of agreement. The purpose of the intermunicipal agreement is to provide a mechanism to finance, to construct and to operate a municipal waste disposal system to serve this municipality and other municipalities within the county, to administer a county-wide recycling program and to provide continuing municipal waste planning, as more fully set forth in the recitals to the intermunicipal agreement and this article.
(4) 
Manner and extent of financing the agreement. Enforcement of this article shall be financed by the county's general revenues, except insofar as the municipality 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. The LCSWMA shall be formed from the Lancaster Area Refuse Authority (LARA) by amendment of LARA's Articles of Incorporation; LCSWMA shall construct and operate or arrange for the construction and operation of the county system and administer and enforce this article and parallel ordinances adopted by the county and other municipalities pursuant to the intermunicipal agreement; and the county and the municipality 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 municipality are authorized and directed to execute the intermunicipal agreement on behalf of the municipality.
The municipality 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 DER 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. (Purdon Supp. 1985).
[Adopted 7-17-2000 by Ord. No. CLXXIV]
The Solid Waste Management Act, Act 97 of 1980, established a comprehensive planning and regulatory framework for the storage, collection, transportation, processing and disposal cf solid waste, including municipal waste. Pursuant to the requirements of Act 97 and the request of each municipality within Lancaster County (County), the Board of Commissioners of the County (County Board) prepared and adopted the 1986 Lancaster County Solid Waste Management Plan (1986 Plan), which was adopted by each municipality within the County and approved by the Pennsylvania Department of Environmental Protection. The 1986 Plan provided for a comprehensive and integrated County-wide system for solid waste management (system) which included, inter alia construction of a resource recovery facility for incineration of municipal waste and generation of energy, expansion of the then existing Creswell Landfill, construction of transfer facilities throughout the County and development of a recycling program. In order to implement the 1986 Plan and finance the system, the County and each municipality within the County enacted certain waste flow control ordinances and entered into a joint cooperation agreement (intermunicipal agreement). The Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988, was approved on July 28, 1988, and gave certain municipalities, including the Township of Mount Joy, the authority to develop and implement within their boundaries a source-separation and collection program for recyclable materials. Pursuant to Act 101 and the request of the County Board, the Lancaster County Solid Waste Management Authority prepared (as a revision to the 1986 Plan) the Lancaster County Municipal Waste Management Plan of 1990 (the 1990 Plan) and the Lancaster County Municipal Waste Management Plan of 1999 (the 1999 Plan), which provide for the establishment and implementation by certain municipalities of source-separation and collection programs for recyclable materials in order to conform to Act 101 and to support and maintain the system. The Township has ratified the 1990 Plan and the 1999 Plan and has engaged with the County in mutual and beneficial cooperation and coordination under the 1986 Plan and the intermunicipal agreement, establishing an effective, efficient, reliable and environmentally safe system for the storage, collection, transportation, processing and disposal of municipal waste. It is desirable and appropriate to continue such cooperation by implementing a recycling program which is consistent with the 1999 Plan, the 1990 Plan, the intermunicipal agreement, the system, and Act 101.
A. 
Any capitalized term, if not defined in this article, shall have the meaning as from time to time set forth in Act 97, Act 101 or the LCSWMA Rules and Regulations.
B. 
In addition, as used in this 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, 35 P.S. § 6018.101 et seq.
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter amended, 53 P.S. § 4000.101 et seq.
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.
[Added 9-18-2006 by Ord. No. CCXXIV]
COMMENCEMENT DATE
October 1, 2000, the date upon which the Township's mandatory Recycling program and Contract collection service begins.
COMMINGLED
Recyclable Materials which have been segregated from Regulated Municipal Waste but have not been separated into different types of Recyclable Materials and 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.
[Added 5-18-2009 by Ord. No. CCLIII[1]]
CONSTRUCTION/DEMOLITION WASTE
A portion of Municipal Waste resulting from the construction or demolition of buildings and other structures, including wood, plaster, drywall and wall board, metals, asphaltic substances, bricks, block, and unsegregated concrete. The term also includes street sweepings and Non-Friable Asbestos Waste. The term does not include the following if they are separated from other Waste and used as clean fill:
[Added 5-18-2009 by Ord. No. CCLIII]
(1) 
Uncontaminated soil, rock, stone, gravel, brick, block, concrete, and used asphalt.
(2) 
Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
CONTRACT
The agreement between the Township and a Permitted Collector under which collection services are to be provided to Residential Units for Contract Waste and for Designated Recyclable Materials.
[Amended 5-18-2009 by Ord. No. CCLIII]
CONTRACT WASTE
Those portions of Regulated Municipal Waste which are to he collected and disposed of under the Contract. Contract Waste consists exclusively of Refuse and Oversized Refuse Items.
CONTRACTOR
The Person providing Contract Waste and Designated Recyclable Materials collection services under the Contract.
[Amended 5-18-2009 by Ord. No. CCLIII]
CORRUGATED CARDBOARD
Unbleached, unwaxed kraft paper that is formed into layers with a fluted medium and manufactured into shipping boxes and related products.
[Added 9-18-2006 by Ord. No. CCXXIV]
CURBSIDE
The correct location for the placement of Refuse Containers and Recycling Containers for the purpose of collection by the Contractor under the municipal Contract which shall be: a) adjacent to the Residential Unit or Eligible Commercial Establishment and b) no more than three feet from the public street used by collection vehicles. For the purpose of collection by Permitted Contractors from Multifamily Units and Nonresidential Units, curbside shall be: a) adjacent to the Multifamily Unit or Nonresidential Unit and b) no more than three feet from the public street used by collection vehicles.[2]
[Added 9-18-2006 by Ord. No. CCXXIV]
DESIGNATED RECYCLABLE MATERIALS
Those Source Separated Recyclable Materials designated in § 110-27 of this article.
EXTRA REFUSE CONTAINERS
Refuse Containers which are in excess of the three Refuse Containers per Collection Site limit.
EXTRA SERVICE TAG
A label which shall be affixed to Tires, White Goods, Oversized Refuse Items, and Extra Refuse Containers in order for such items to be collected by the Contractor.
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 was legally entered into prior to the effective date of this article and 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.
[Amended 5-18-2009 by Ord. No. CCLIII]
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 from the tract. A dwelling unit on a farm shall not be considered a part of the farm and shall be regulated as a residential unit by this article.
[Added 9-18-2006 by Ord. No. CCXXIV; amended 5-18-2009 by Ord. No. CCLIII[3]]
GENERATOR
A Person who produces or creates any Solid Waste.
[Added 5-18-2009 by Ord. No. CCLIII]
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.
[Added 9-18-2006 by Ord. No. CCXXIV]
GLASS, CLEAR
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 or lime and/or other chemicals and substances usually included in the manufacture of glass.
GLASS, COLORED
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 or lime and/or other chemicals and substances usually included in the manufacture of glass.
(1) 
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.
(2) 
The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51 through 30.62); treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law (35 P.S. §§ 691.1 through 691.1001); solid or dissolved material in domestic sewage; solid dissolved materials in irrigation return flows; industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1342); or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).[4]
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:
[Added 5-18-2009 by Ord. No. CCLIII]
(1) 
Antifreeze;
(2) 
Batteries;
(3) 
Chlorinated hydrocarbons;
(4) 
Fluorescent light bulbs and other mercury-containing devices;
(5) 
Gasoline and kerosene;
(6) 
Grease and rust solvents;
(7) 
Oven, toilet and drain cleaners;
(8) 
Paints, rust preventatives, stains and wood preservatives;
(9) 
Pesticides, fungicides, herbicides, insecticides, rodenticides, roach and ant killers;
(10) 
Photographic and pool chemicals;
(11) 
Thinners, solvents and furniture strippers;
(12) 
Transmission and brake fluids;
(13) 
Used oil or other hydrocarbon-based lubricants; and
(14) 
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.
LCSWMA FACILITY
Any facility owned or operated by or on behalf of LCSWMA.[5]
MANIFEST
A form supplied by LCSWMA to be completed and signed by each Person who collects or transports Solid Waste or Source Separated Recyclable Materials and which specifies, inter alia, the source, type, quantity and delivery point for the Solid Waste or Source Separated Recyclable Materials; the applicable license number; and other pertinent information.
[Added 5-18-2009 by Ord. No. CCLIII]
MULTIFAMILY UNIT
A property with three or more Residential Units, including, without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks.[6]
[Amended 5-18-2009 by Ord. No. CCLIII]
NONPROCESSABLE REFUSE
Large items of solid waste, greater than six feet in any dimension, including but not limited to large automobile parts, machinery, boats, recreational vehicles, etc.
NONPROCESSABLE WASTE
Nonprocessable Waste is a portion of Municipal Waste consisting of materials which cannot be handled by LCSWMA's normal processing or disposal methods. Nonprocessable Waste includes items greater than six feet in any dimension, such as mattresses, large furniture and recreational vehicles. Nonprocessable Waste (oversized) may consist of large auto parts, machines, and any other items deemed appropriate by LCSWMA.
[Added 5-18-2009 by Ord. No. CCLIII]
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.
[Added 5-18-2009 by Ord. No. CCLIII]
OVERSIZED REFUSE ITEMS
Refuse which will not fit into Refuse Containers but which is not Nonprocessable Refuse, including small furniture, carpet, portable televisions and the like, but excluding Tires and White Goods.
PERMITTED COLLECTOR
A Person who is in possession of all pertinent permits and licenses which may be required by the Township and LCSWMA, for the collection, storage or disposal of Solid Waste or Recyclable Materials.
[Added 9-18-2006 by Ord. No. CCXXIV; amended 5-18-2009 by Ord. No. CCLIII[7]]
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.[8]
PUTRESCIBLE WASTE
A portion of Municipal Waste consisting of organic waste materials which due to biological decomposition are, or have a tendency to be, rotten, foul, or odorous, including dead animals and spoiled foods, but not including sludge.
[Added 5-18-2009 by Ord. No. CCLIII]
RECYCLABLE MATERIALS
Any material which would be Regulated Municipal Waste but for Source Separation and which will be processed into raw materials or products which are beneficially reused.
RECYCLING
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 Waste or the mechanized separation and treatment of Solid Waste and creation and recovery of reusable materials or energy.
RECYCLING CONTAINER
For Residential Units, shall refer to the container supplied by the Township; for Multifamily Units, shall refer to a receptacle which is constructed of plastic, metal or fiberglass and has handles of adequate strength for lifting.
REFUSE
Refuse is that portion of Regulated Municipal Waste except:
[Amended 5-18-2009 by Ord. No. CCLIII]
(1) 
Construction/Demolition Waste;
(2) 
Nonprocessable Waste;
(3) 
Putrescible Waste; and
(4) 
Household Hazardous Waste.
REFUSE CONTAINER
A receptacle which is constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight fitting lid capable of preventing entrance into the container by vectors or a polyethylene bag which is specifically designed for storage and collection, is protected against animal damage and overloading so as to prevent littering or attraction of insects or rodents and has a holding strength capable of withstanding normal stresses until it is collected. 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 meeting the definition of Residual Waste or Hazardous Waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include Designated Recyclable Materials or Unacceptable Waste.
[Amended 5-18-2009 by Ord. No. CCLIII]
RESIDENTIAL UNIT
Any single-family detached, semidetached or townhouse dwelling, or a dwelling unit within a Multifamily building containing three or fewer dwelling units, including a dwelling unit on a Farm. 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.
[Amended 5-18-2009 by Ord. No. CCLIII]
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 coal refuse as defined in the Coal Refuse Disposal Control Act[9]; or treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law.[10]
[Added 5-18-2009 by Ord. No. CCLIII]
SCAVENGING
The uncontrolled or unauthorized removal of Recyclable Materials from the curb side.
SINGLE STREAM
A system where Recyclable Materials, commonly fibers and glass, metal and plastic containers, are collected and processed together.
[Added 5-18-2009 by Ord. No. CCLIII]
SOLID WASTE or WASTE
Any waste, including but not limited to Municipal, Residual, or Hazardous Wastes, including solid, liquid, semisolid or contained gaseous materials.
[Added 5-18-2009 by Ord. No. CCLIII]
SOURCE SEPARATE OR SOURCE SEPARATION
The process of separating, or the separation of, Recyclable Materials from other solid waste at the location where generated for the purpose of Recycling.
STEEL CANS
The ferrous metal food or beverage containers commonly known as "tin cans."
TIRES
Any pneumatic rubber automobile, truck, or farm implement tire.
[Added 9-18-2006 by Ord. No. CCXXIV]
TOWNSHIP
The Township of Mount Joy, Lancaster County, Pennsylvania.
TOWNSHIP'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to time by the Township which govern and pertain to the Township's Recycling program and the collection, storage or transportation of Regulated Municipal Waste within the Township.
UNACCEPTABLE WASTE
The following types of Solid Waste are Unacceptable Waste unless approved by LCSWMA on a case-by-case basis:
[Added 5-18-2009 by Ord. No. CCLIII]
(1) 
Chemotherapeutic Waste.
(2) 
Drums, barrels, buckets and paint cans unless lids have been removed and interiors are cleaned and free of any residue.
(3) 
Explosives and Ordinance Materials.
(4) 
Gas cylinders, unless empty and delivered separate from other Solid Waste.
(5) 
Hazardous Waste.
(6) 
Infectious/Pathological Waste.
(7) 
Radioactive Materials.
WHITE GOODS
Large appliances including clothes washers and dryers, dishwashers, refrigerators and freezers, stoves and ovens, hot water heaters, air conditioners, dehumidifiers, and similar appliances.
YARD WASTE
All garden residues, leaves, shrubbery, tree trimmings, grass clippings, and sod.
[Amended 9-18-2006 by Ord. No. CCXXIV; 5-18-2009 by Ord. No. CCLIII[11]]
[1]
Editor's Note: This ordinance also provided for an effective date of 1-1-2010.
[2]
Editor’s Note: The former definition of “Customer,” which immediately followed this definition, was repealed 5-18-2009 by Ord. No. CCLIII.
[3]
Editor's Note: This ordinance also provided for an effective date of 1-1-2010.
[4]
Editor's Note: The former definition of "high-grade office paper," which immediately followed this definition, was repealed 9-17-2018 by Ord. No. 316-2018.
[5]
Editor's Note: The former definitions of "leaves" and "licensed hauler," which immediately followed this definition, were repealed 5-18-2009 by Ord. No. CCLIII and 9-18-2006 by Ord. No. CCXXIV, respectively.
[6]
Editor's Note: The former definition of "newsprint," which immediately followed this definition, was repealed 9-17-2018 by Ord. No. 316-2018.
[7]
Editor's Note: This ordinance also provided for an effective date of 1-1-2010.
[8]
Editor's Note: The former definition of "plastics," which immediately followed this definition, was repealed 9-17-2018 by Ord. No. 316-2018.
[9]
Editor's Note: See 52 P.S. 30.51 et seq.
[10]
Editor's Note: See 35 P.S. 691.1 et seq.
[11]
Editor's Note: This ordinance also provided for an effective date of 1-1-2010.
[Amended 5-18-2009 by Ord. No. CCLIII]
All persons within the Township 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 or Multifamily Unit within the Township shall insure that Regulated Municipal Waste and Designated Recyclable Materials generated at such Residential Unit or Multifamily Unit are Source Separated and collected, transported and disposed of in accordance with this article, the Township's Policies and Procedures, and the LCSWMA Rules and Regulations.
[Amended 9-18-2006 by Ord. No. CCXXIV; 5-18-2009 by Ord. No. CCLIII[1]]
Collection services for Contract Waste, and for Designated Recyclable Materials shall be provided to Residential Units by the Contractor. Each Person who owns or occupies a Residential Unit 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, Persons who own or occupy Residential Units shall elect to provide proper on-site collection and disposal by either:
A. 
Themselves delivering such materials to a Facility; or
B. 
Utilizing a Permitted Collector to collect and deliver such materials to a Facility.
[1]
Editor's Note: This ordinance also provided for an effective date of 1-1-2010.
A. 
Each Person who owns a Multifamily Unit shall provide proper collection, transportation and disposal for Regulated Municipal Waste and Designated Recyclable Materials by utilizing a Permitted Collector to collect and transport such materials to a Facility. A Person who owns a Multifamily Unit may request Township approval to receive the services under the Contract. If the owner of a Multifamily Unit requests and is approved to receive collection services under the Contract, all dwelling units within such Multifamily Unit shall receive collection services under the Contract.
[Amended 9-18-2006 by Ord. No. CCXXIV]
B. 
Each Person who owns or occupies a Multifamily Unit approved to receive services under the Contract shall comply with the Township's Policies and Procedures established for Residential Units and, notwithstanding the provisions of §§ 110-27B and 110-27C of this article, shall Source Separate the Recyclable Materials designated in § 110-27A.
C. 
Each Person who owns a Multifamily Unit that does 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 occupying each Multifamily Unit to insure that all Designated Recyclable Materials are Source Separated; and
(3) 
Provide collection and transportation of Source Separated Designated Recyclable Materials at a frequency of not less than once per month.
D. 
Each Person who occupies a Multifamily Unit who is approved to receive services under the Contract shall Source Separate and prepare leaves for collection in accordance with the Township's Policies and Procedures.
[Amended 5-18-2009 by Ord. No. CCLIII; 9-17-2018 by Ord. No. 316-2018]
A. 
Each Person who owns or occupies a Residential Unit shall Source Separate the following Recyclable Materials:
(1) 
Clear Glass jars and bottles.
(2) 
Colored Glass jars and bottles.
(3) 
Aluminum cans.
(4) 
Steel Cans.
(5) 
Plastic bottles and jugs (with neck smaller than body).
(6) 
Corrugated Cardboard (dry, flattened, emptied, and free of food residue).
(7) 
Yard Waste.
(8) 
Tires.
(9) 
White Goods.
B. 
Each Person who owns or occupies a Multifamily Unit shall Source Separate the following Recyclable Materials:
(1) 
Clear Glass jars and bottles.
(2) 
Colored Glass jars and bottles.
(3) 
Aluminum cans.
(4) 
Steel Cans.
(5) 
Plastic bottles and jugs (with neck smaller than body).
(6) 
Yard Waste.
(7) 
Tires.
(8) 
White Goods.
(9) 
Corrugated Cardboard (dry, flattened, emptied, and free of food residue).
C. 
Each Person who owns or occupies a Nonresidential Unit shall Source Separate the following Recyclable Materials:
(1) 
Clear Glass jars and bottles.
(2) 
Colored Glass jars and bottles.
(3) 
Aluminum cans.
(4) 
Steel Cans.
(5) 
Plastic bottles and jugs (with neck smaller than body).
(6) 
Yard Waste.
(7) 
Corrugated Cardboard (dry, flattened, emptied, and free of food residue).
(8) 
Tires.
(9) 
White Goods.
A. 
General regulations for Owners and Occupants of Residential Units and Multifamily Units.
(1) 
All Regulated Municipal Waste and Recyclable Materials shall be stored so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness and public nuisances.
(2) 
A sufficient number of containers shall be provided by generators to contain all Regulated Municipal Waste and Recyclable Materials generated during periods between regularly scheduled collection as may be necessary to meet the requirements of Subsection A(1).
(3) 
Permitted Collectors shall supply each Residential Unit with a Recycling Container which shall be provided by the Township. Recycling Containers for Multifamily Units shall be provided either by the Owner or the Permitted Collector.
[Amended 9-18-2006 by Ord. No. CCXXIV]
(4) 
All storage practices shall, at a minimum, conform to the requirements of all applicable federal, state and local laws and regulations.
(5) 
Each Person having Regulated Municipal Waste or Designated Recyclable Materials shall provide him/herself with approved Refuse and Recycling Containers and shall place and keep all Regulated Municipal Waste and Designated Recyclable Materials therein. Solid Waste of a nondecomposable nature and Rubbish may be stored in tightly secured bundles of such size to be readily handled at time of collection and so as to minimize litter.
(6) 
Nonprocessable Refuse and Oversized Refuse Items shall be stored so that collection of water and harborage of rodents are prevented.
(7) 
Containers shall be stored on the property where the Regulated Municipal Waste and Designated Recyclable Materials are generated.
(8) 
Regulated Municipal Waste or Source-Separated Recyclable Materials from Residential Units shall not be stored at curbside prior to collection.
(9) 
No Regulated Municipal Waste or Source-Separated Recyclable Materials shall be placed at curbside for collection more than 24 hours in advance of the scheduled time for collection.
B. 
General regulations for Owners and Occupants of Nonresidential Units.
(1) 
All Regulated Municipal Waste shall be stored so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness and public nuisances.
(2) 
A sufficient number of containers shall be provided by generators to contain all Regulated Municipal Waste generated during periods between regularly scheduled collection as may be necessary to meet the requirements of Subsection B(1).
(3) 
All storage practices shall, at a minimum, conform to the requirements of all applicable Federal, state and local laws and regulations.
(4) 
Each Person having Regulated Municipal Waste shall provide him/herself with approved Refuse Containers and shall place and keep all Regulated Municipal Waste therein. Solid Waste of a nondecomposable nature and Rubbish may be stored in tightly secured bundles of such size to be readily handled at time of collection and as to minimize litter.
(5) 
Nonprocessable Refuse and Oversized Refuse Items shall he stored so that collection of water and harborage of rodents are prevented.
(6) 
Containers shall be stored on the property where the Regulated Municipal Waste is generated.
C. 
Disposable Containers. Disposable Refuse Containers, such as paper and polyethylene bags, shall be acceptable for storage of Regulated Municipal Waste, provided the following conditions are met:
(1) 
Only those bags specially designed for storage and collection shall be used.
(2) 
Bags shall be protected against precipitation, animal damage and overloading to prevent littering or attracting of vectors.
(3) 
Bags shall have a holding strength capable of withstanding stresses until they are collected.
(4) 
Bag openings shall be securely closed prior to setting out for collection.
D. 
Recycling Containers.
[Amended 9-18-2006 by Ord. No. CCXXIV]
(1) 
Individual Recycling Containers utilized for the collection of Recyclable Materials at Residential Units shall comply with the following requirements:
(a) 
The container shall be a container, picked up by a Resident at the Township Building and which is provided by the Township, made of rigid plastic construction.
(b) 
The Township shall replace any damaged, lost or stolen Recycling Containers. A fee for replacement of damaged, lost or stolen Recycling Containers may be established by resolution of the Board of Supervisors.
(2) 
Bulk Recycling Containers utilized for the storage of Recyclable Materials at Multifamily and Nonresidential Units shall comply with the following requirements:
(a) 
The container shall be constructed of plastic, metal or fiberglass and is suitable for the purpose.
(b) 
Title to bulk Recycling Containers shall remain in the Owner or the Permitted Collector.
E. 
Composting. Occupants of Residential Units may compost Yard Wastes which are generated at said Residential Unit according to the following guidelines:
[Added 5-18-2009 by Ord. No. CCLIII]
(1) 
Backyard Composting must be done in strict compliance with accepted standards and guidelines of the Penn State Cooperative Extension Service, Pennsylvania Department of Environmental Protection, and/or LCSWMA.
(2) 
Composting must be done within an enclosed structure that controls access by animals and vectors.
(3) 
Only Yard Wastes or other vegetative matter may be composted. No meat or Putrescible Waste may be composted.
(4) 
Compost must be turned and mixed on a regular basis to prevent odors, attraction of vectors and to ensure degradation of materials being composted.
(5) 
Backyard composters shall be placed no less than one foot from any property line.
A. 
All Persons occupying Residential Units and Multifamily Units within the Township are required to Source Separate all Designated Recyclable Materials.
B. 
All Regulated Municipal Waste and Designated Recyclable Materials shall be drained free of liquids before storage.
C. 
All cans, bottles or other food containers shall be rinsed free of food particles and drained before storage.
D. 
Newsprint shall be tied in bundles or placed in paper grocery bags.
[Amended 9-18-2006 by Ord. No. CCXXIV]
A. 
All persons who desire to collect, transport, store, process or dispose of Regulated Municipal Waste or Designated Recyclable Materials within the Township shall obtain a permit from the Township prior to performance of any such activities.
B. 
Every person desiring a permit under this article shall make application to the Township. Such application shall include the name and address of the person making application, proof of a valid license issued by LCSWMA, identification of other municipalities which have issued permits to that person, and whether any permits have been revoked by LCSWMA or any other municipality which requires permitting of haulers.
C. 
Applicants for a permit to operate as a Permitted Collector within the Township shall demonstrate that:
(1) 
A valid license has been issued by LCSWMA to the applicant.
(2) 
Applicant's operation is in conformity in all respects with the rules and regulations of the Pennsylvania Department of Environmental Protection, LCSWMA, and all Township Ordinances and the Township Policies and Procedures.
(3) 
Solid waste and Designated Recyclable Materials shall be suitably enclosed or covered in all vehicles to be used so as to prevent roadside littering, attraction of vectors, or the creation of other nuisances.
(4) 
All disposal of solid waste and Designated Recyclable Materials shall be at a Facility.
(5) 
All Designated Recyclable Materials shall be recycled and shall not be disposed of as waste.
(6) 
Liability and workers' compensation insurance has been obtained for the applicant's proposed operation in the Township. A certificate of insurance demonstrating workers' compensation coverage at statutory limits and liability insurance, with limits of at least $500,000/$1,000,000 for bodily injury and $100,000 for property damage shall be provided.
(7) 
All vehicles to be used have been properly licensed and inspected, and all drivers have valid operator's licenses.
D. 
All permits shall be issued for a period of one year, commencing each October 1 and expiring the following September 30.
E. 
Permits may be suspended or revoked by the Township at any time for just cause. Just cause shall include, but not be limited to, the Permitted Collector:
(1) 
Failing to maintain a valid license issued by LCSWMA.
(2) 
Violating any of the provisions of this article or the Township's Policies and Procedures.
(3) 
Improperly disposing of Designated Recyclable Materials or solid waste.
(4) 
Scavenging.
F. 
Any person whose permit has been suspended or revoked shall refund all sums collected in advance for collection services which have not yet been provided.
G. 
Any person whose permit has been suspended or revoked may appeal the suspension or revocation to the Board of Supervisors. Such appeal shall be made in writing within 10 days after such decision has been made. The appeal shall be verified by an affidavit and shall be filed with the Township Secretary. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. The appeal shall be accompanied by the appeal fee established by resolution or ordinance of the Board of Supervisors, and no appeal shall be considered complete without the payment of the appeal fee. The Board of Supervisors shall made a prompt decision on such appeal.
H. 
Permits are not transferable to any other person.
I. 
Each Permitted Collector shall file with the Township a rate schedule showing the rates to be charged to its customers for the collection of Regulated Municipal Waste and Designated Recyclable Materials. The Permitted Collector shall not change such rate schedule without giving notice to the customer and to the Township at least 30 days prior to the effective date of such change. Each Permitted Collector shall be responsible for the billing of customers for the services provided.
J. 
Permitted Collectors shall prepare a schedule for the collection of Regulated Municipal Waste and Designated Recyclable Materials from each customer and a route of collection. Permitted Collectors shall notify customers and the Township of the days collection will be made.
[Amended 9-18-2006 by Ord. No. CCXXIV; 5-18-2009 by Ord. No. CCLIII]
A. 
With respect to Contract Waste and Designated Recyclable Materials, no Person other than the Contractor shall collect, transport, store, process or dispose of such Contract 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 generated at Multifamily Units or Nonresidential Units, no Person other than a Permitted Collector shall collect, store, process or dispose of such waste. Notwithstanding the foregoing, collection of Leaves/Yard Waste may be arranged by the Township in accordance with the Township's Policies and Procedures. Each Permitted Collector that collects or transports Regulated Municipal Waste or Designated Recyclable Materials generated in any Residential Unit, Nonresidential Unit or Multifamily Unit shall complete monthly LCSWMA Manifests reporting the amount of Regulated Municipal Waste and Designated Recyclable Material collected in the Township.
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, storage, processing or disposal of such Waste by any Person other than the Contractor with respect to Contract Waste or Designated Recyclable Materials generated at Residential Units, and a Permitted Collector with respect to Regulated Municipal Waste other than Contract Waste generated at Residential Units and Regulated Municipal Waste or Designated Recyclable Materials generated at Multifamily Units or Nonresidential Units. Notwithstanding the foregoing, collection of Leaves/Yard Waste may be arranged by the Township in accordance with the Township's Policies and Procedures.
C. 
No Permitted Collector who collects or disposes of Designated Recyclable Materials or Regulated Municipal Waste shall, by Contract for such services or otherwise, cause, permit or assist in the storage, collection, processing or disposal of Designated Recyclable Materials in a manner which treats such materials as Regulated Municipal Waste, or which is otherwise inconsistent with Source Separation or Recycling. Any delivery of Designated Recyclable Materials to a LCSWMA Facility in accordance with the LCSWMA Rules and Regulations shall be deemed to satisfy the requirements of this § 110-31C.
D. 
Notwithstanding the provisions of § 110-31A and B above, any Person who occupies a Residential Unit may deliver to a Facility the Regulated Municipal Waste and Designated Recyclable Materials which were generated at such Person's residence.
E. 
All Regulated Municipal Waste and Designated Recyclable Materials generated or collected in the Township shall be delivered directly to a Facility in accordance with the LCSWMA Rules and Regulations and without any intervening transfer, unloading, processing, sorting, salvaging, scavenging, or reuse of any portion of any load of such Regulated Municipal Waste and Designated Recyclable Materials from the time of its collection until the time of its delivery to the Facility.
F. 
Each Permitted Collector shall collect and deliver, separately to a LCSWMA Facility battery drop-off location, all Battery Bags placed at Curbside by Residential Units.
G. 
All Permitted Collectors shall ensure that collection of Regulated Municipal Waste and Source Separated Recyclable Materials shall comply with the following requirements:
(1) 
Regulated Municipal Waste and Source Separated Recyclable Materials shall be collected on the same day from Residential Units, and collection shall be made a minimum of once a week.
(2) 
Collection from Residential Units shall occur on weekdays between the hours of 5:00 a.m. and 6:00 p.m., prevailing time, and shall not occur on the same day of the week as collection under the Contract. Notwithstanding the foregoing, Saturday collection will be permitted if a holiday has occurred within a week of the normal collection date.
[Amended 5-18-2009 by Ord. No. CCLIII
A. 
No Person shall store, process or dispose of any Regulated Municipal Waste or Designated Recyclable Materials except at a Facility. Notwithstanding the foregoing or § 110-27, Yard Waste may be composted to the extent and in the manner provided in the Township’s Policies and Procedures on the property on which such Yard Waste was generated.
B. 
No Person shall process or dispose of any Designated Recyclable Materials through Open Burning.
Fees for services provided by the Township shall be charged to all Township Customers. The amount of fees and the schedule for payment of fees shall be as adopted by resolution or ordinance from time to time by the Board of Supervisors.
[Amended 9-18-2006 by Ord. No. CCXXIV]
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 Contractor or the Permitted Collector who has contracted to provide collection. It shall be a violation of this article for any Person, other than such Permitted Collector, to collect or pick up, or cause to be collected or picked up, any such Designated Recyclable Materials. Each such collection shall constitute a separate and distinct offense.
It shall be a violation of this article for any person, unlicensed by the Township, to collect or pick up, or cause to be collected or picked up, any solid waste within the Township. Each such collection shall constitute a separate and distinct offense.
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 Designated 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 § 110-36 shall provide for on-site 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 § 110-36C, such contract shall be deemed void, and the hauler that is a party to such contract shall reimburse to the applicable Residential Units any funds which have been paid for such on-site collection services and shall not collect or attempt to collect any funds for such on-site collection services.
[Added 5-18-2009 by Ord. No. CCLIII
[Amended 9-18-2006 by Ord. No. CCXXIV]
The Township shall have the power to establish service fees, record and reporting requirements, and standards and procedures for the issuance, administration and revocation of permits, as deemed necessary, including without limitation: a) application procedures, fees, standards and conditions for permits; b) the fixing of a monetary bond, with or without surety, to secure the compliance by any Permitted Collector with any such requirements, standards or procedures; and c) any other matters deemed necessary or convenient by the Township. In the event of suspension or revocation of any permit which is issued by the Township or LCSWMA, the Person whose permit is suspended or revoked shall refund to each customer any prepaid fees.
It shall be unlawful for any Person to violate, or cause or permit or assist in the violation of any provision of this article or any provision of the Township's Policies and Procedures. All unlawful conduct shall also constitute a public nuisance.
Any Person violating any provision of this article or any provision of the Township's Policies and Procedures, shall, upon conviction thereof in a summary proceeding, be liable to pay a fine or penalty of not less than $100 nor more than $1,000, which fines and penalties may be collected as provided by law. Each violation of any provision of this article and each day that a violation continues shall be deemed a separate offense.
For purposes of the obligations established by this article or the Township's Policies and Procedures, and for purposes of any fine, penalty, imprisonment or other sanction, the terms "Person," "Customer," "Residential Unit," "Multifamily Unit" and "Nonresidential Unit" shall include officers, directors and partners of any corporation, partnership or other legal entity having officers, directors or partners 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 owner's association and/or agent of an owner, landlord or condominium owner's association of such premises.
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 or the Township's Policies and Procedures or available at law or equity.
This article is in addition to, and not in lieu of, Ordinance No. LXXXVI, enacted and approved January 8, 1987, and codified as Chapter 110, Article I, of the Code of Ordinances of the Township of Mount Joy. Any ordinances other than Ordinance No. LXXXVI which pertain to Regulated Municipal Waste or Recyclable Materials are hereby repealed to the extent of any inconsistency with this article.
The provisions of this article are severable, and if any section, sentence, clause, part or provision hereof shall be held to be illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this article. It is hereby declared to be the intent of the Board of Supervisors that this article would have been enacted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.