[HISTORY: Adopted by the Board of Supervisors
of the Township of Warwick as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-5-1987 by Ord. No. 114]
[Amended 11-19-1997 by Ord. No. 178]
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
SOURCE SEPARATION
SYSTEM
TRANSFER FACILITY
The following terms shall have the followings meanings
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 the 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 Warwick, a Township of the second class located
with 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 provision 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.
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 "municipal waste" set forth in
§ 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 (A) any liquid waste or sludge; (B) any waste
which is defined by existing or future federal or state law or regulation
as hazardous waste or residual waste; (C) infectious waste, pathological
waste or other waste for which treatment or handling requirements
different from those normally applicable to municipal waste apply;
(D) polychlorinated biphenyls, (E) any waste which may be marketable
and which is intentionally segregated for purposes of recycling; and,
(F) 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 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 Township. This prohibition
shall be come 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.
C.
Administration. Licenses hereunder shall be issued,
revoked and administrated 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 § 260-6C 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.
[Amended 11-19-1997 by Ord. No. 178]
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 § 260-11 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 this article 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.
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.
[Amended 11-19-1997 by Ord. No. 178]
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 LCSWMA.
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:
(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 than 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 Warwick
Township 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 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 § 260-6C 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 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.
[Amended 11-9-1988 by Ord. No. 133; 11-19-1997 by Ord. No.
178]
If the Board of Supervisors or the officer designated
to enforce this article by the Board of Supervisors determines that
a person has committed or permitted the commission of a violation
of this article, the Board of Supervisors or such enforcement officer
shall inform such person in writing of the violation, shall notify
such person to cease the violation of this article and shall inform
such person that he/she or she must pay a civil penalty to the Township
within the range of the amounts set forth below to settle the violation.
The penalty for a first offense shall be not less than $50 and not
more than $600; the penalty for a second offense shall be not less
than $100 and not more than $600; and the penalty for a third or greater
offense shall be not less than $200 and not more than $600. If such
person fails or refuses to remit the penalty to the Township within
10 days from the date of the written notice of the violation of this
article, the Township may commence a civil enforcement proceeding
seeking penalties and costs for the violation of this article and/or
may commence an action in equity. The Township shall seek a judgment
for the penalty previously imposed together with additional daily
penalties for continuing violations plus all court costs, including
the reasonable attorneys' fees incurred by the Township in the enforcement
proceedings. Each day that a violation continues shall constitute
a separate violation, and each section of this article which is violated
shall constitute a separate violation. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
Upon finding that any person has engaged in
unlawful conduct as defined in this article:
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 § 260-8, hereof, and revoke any licenses as authorized by § 260-9, 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, 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, 53 P.S. §§ 481-490 and Article IX, § 5
of the Constitution of the Commonwealth of Pennsylvania, hereby enters
into the intermunicipal joint cooperation agreement between this Township,
the county and other municipalities within the County of Lancaster,
which is attached hereto as Exhibit A[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: The original of Exhibit A is
on file in 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.
[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 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 parts 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.
C.
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.
D.
Purpose and objectives of agreement. The purpose of
the intermunicipal agreement is to provide a mechanism:
(1)
To finance, to construct and to operate a municipal
waste disposal system to serve this Township and other municipalities
within the county.
(2)
To administer a county-wide recycling program.
(3)
To provide continuing municipal waste planning, as
more fully set forth in the recitals to the intermunicipal agreement
and this article.
E.
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.
F.
Organizational structure necessary to implement the
agreement. LCSWMA shall be formed from LARA by amendment of LARA's
Articles of Incorporation; LCSWMA shall:
(1)
Construct and operate or arrange for the construction
and operation of the county system.
(2)
Administer and enforce this article and parallel ordinances
adopted by the county and other municipalities pursuant to the intermunicipal
agreement; and the county and the Township shall enforce said waste
flow ordinances with assistance from LCSWMA.
G.
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.
(1)
Execution. Appropriate officers of the Township are
authorized and directed to execute the intermunicipal agreement on
behalf of the Township.
[Amended 11-19-1997 by Ord. No. 178]
The Township has been advised by the county
that the plan proposed 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 8-14-1991 by Ord. No. 149; amended
in its entirety 9-19-2007 by Ord. No. 228]
This article shall be known and may be cited
as the "Warwick Township Solid Waste and Recycling Ordinance."
The Solid Waste Management Act, Act of July
7, 1980, P.L. 380, No. 97,[1] as amended (Act 97), established a comprehensive planning
and regulatory framework for the storage, collection, transportation,
processing and disposal of 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 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
Resources. The 1986 Plan provided for a comprehensive and integrated
County-wide system for solid waste management (the 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 1986 Plan determined that it was in the public interest for solid
waste management and disposal to be a public function, established
the Lancaster County Solid Waste Management Authority (LCSWMA) and
designated LCSWMA as the public agency responsible for designing,
financing, constructing and operating the system. The Municipal Waste
Planning, Recycling and Waste Reduction Act, Act of July 28, 1988,
P.L. 556, No. 101[2] (Act 101) was approved on July 28, 1988. Act 101 gave
certain municipalities, including Warwick Township, (the Township)
the responsibility for developing and implementing within their boundaries
a source separation and collection program for recyclable materials.
Pursuant to Act 101 and the request of the County Board, LCSWMA has
prepared (as a revision to the 1986 Plan) the Lancaster County Municipal
Waste Management Plan of 1990 (the 1990 Plan) and a system for the
collection of municipal waste. The 1990 Plan provides 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. Warwick Township
has ratified the 1990 Plan and Warwick Township and County have engaged
in mutual and beneficial cooperation and coordination under the 1986
Plan and the Intermunicipal Agreement and have effected an effective,
efficient, reliable and environmentally safe system for the storage,
collection, transportation, processing and disposal of municipal waste.
Pursuant to Act 101 and the request of the County Board of Commissioners,
LCSWMA has prepared (as a revision to the 1990 Plan) the Lancaster
County Municipal Waste Management Plan of 1999 (the 1999 Plan). It
is desirable and appropriate to continue such cooperation by implementing
a recycling program and a municipal waste collection program which
is consistent with the 1990 Plan, the 1999 Plan, the Intermunicipal
Agreement, the System and Act 101.
Any capitalized term, if not defined in this
article, shall have the meaning as from time to time set forth in
the LCSWMA Rules and Regulations which are incorporated into this
article by reference. In addition, as used in this 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.[1]
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter
amended.[2]
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.
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.
Consists only of clear food and beverage containers made
of glass, of one gallon or less capacity, and comprised of the hard,
brittle and transparent or partially transparent substance produced
by fusion of silica and silicates or sand containing soda and lime
and/or other chemicals and substances usually included in the manufacture
of glass.
Consists only of green or brown food and beverage containers
made of glass, of one gallon or less capacity, and comprised of the
hard, brittle and transparent or partially transparent substance produced
by fusion of silica and silicates or sand containing soda and lime
and/or other chemicals and substances usually included in the manufacture
of glass.
October 1, 1991, the date upon which the Township's recycling
program and Permitted Collector program began.
Designated Recyclable Materials which have been segregated
from Regulated Municipal Waste but which have not been separated into
different types of Recyclable Materials and which have been placed
in a Recycling Container for the purpose of collection.
Events that are sponsored by public or private agencies or
individuals, including but not limited to, fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
The correct location for the placement of Refuse Containers
and Recycling Containers for the purpose of collection by the Permitted
Collector, which shall be adjacent to the Residential Unit and no
more than five feet from the public street used by collection vehicles.
A Person who independently contracts with a Permitted Collector
for the collection of Regulated Municipal Waste and Designated Recyclable
Materials.
The Pennsylvania Department of Environmental Protection or
any agency successor thereto.
Those Recyclable Materials designated in § 260-21 of this article for Source Separation.
Any contract for the storage, collection, transportation,
processing or disposal of Regulated Municipal Waste or Designated
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.
Any specific site designated by LCSWMA (or approved by LCSWMA)
as the specific place or site to which Solid Waste or Source Separated
Recyclable Materials, or any portion of Solid Waste or Source Separated
Recyclable Materials, must or may be delivered; or in the absence
of a specific site being designated by LCSWMA, any approved site for
the delivery of any category of Solid Waste or Source Separated Recyclable
Materials.
A tract of land containing 10 or more acres which is used
for agricultural purposes, which agricultural activities provide the
major and primary source of income to the residents of the tract.
A Person who produces or creates any Solid Waste.
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:
The term does not include:
Coal refuse as defined in the Coal Refuse Disposal
Control Act (52 U.S.C. §§ 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. § 1342), or
Source, special nuclear, or by-product material
as defined by the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011
through 2394).
Desktop-generated white paper limited to ledger, copy paper,
and computer printout (CPO).
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:
Anti-freeze.
Batteries.
Chlorinated hydrocarbons.
Fluorescent light bulbs and other mercury-containing
devices.
Gasoline and kerosene.
Grease and rust solvents.
Oven, toilet and drain cleaners.
Paints, rust preventatives, stains and wood
preservatives.
Pesticides, fungicides, herbicides, insecticides,
rodenticides, roach and ant killers.
Photographic and pool chemicals.
Thinners, solvents and furniture strippers.
Transmission and brake fluids.
Used oil or other hydrocarbon based lubricants.
Wood, metal, rug and upholstery cleaners and
polishes.
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act, as amended.[3]
Any Facility owned or operated by or on behalf of LCSWMA.
Leaves, garden residue, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
A form supplied by LCSWMA to be completed and signed by each
Person who collects Solid Waste or Source Separated Recyclable Materials
and which specifies, inter alia, the source, type, quantity and delivery
point for the Solid Waste or Source Separated Recyclable Materials,
the applicable license number and other pertinent information.
A property which contains four or more Residential Units,
including without limitation, apartment complexes, condominium complexes,
retirement homes and mobile home parks, excluding Farms.
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, excluding Residential Units
and Multifamily Units.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
A Person who is in possession of all pertinent permits and
licenses which may be required by the Commonwealth of Pennsylvania
and LCSWMA for the off-site collection, transportation, storage or
disposal of Solid Waste or Recyclable Materials and the Township for
the on-site collection of Solid Waste or Recyclable Materials generated
within the Township.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Recyclable Plastics are identified on the bottom of the container
and consist of two types of containers, namely: No. 1 PETE (such as
soda bottles) and No. 2 HDPE (such as milk, spring water, and detergent
bottles).
The Chief of the Police Department.
[Added 9-19-2012 by Ord. No. 256]
The Northern Lancaster County Regional Police Department
or any successor entity whose primary jurisdiction includes the territorial
limits of the Township.
[Added 9-19-2012 by Ord. No. 256]
Any material which would be Regulated Municipal Waste but
for Source Separation and which will be processed into raw materials
or products or which are beneficially reused.
The separation, collection, recovery and sale or reuse of
metals, glass, paper, yard waste, plastics and other materials which
would otherwise be disposed of or processed as Solid Waste or the
mechanized separation and treatment of Solid Waste and creation and
recovery of reusable materials.
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 adequate strength for lifting.
A container which is constructed of plastic, metal, or fiberglass,
and which has handles of adequate strength for lifting and a tight-fitting
lid capable of preventing entrance into the container by vectors or
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.
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
materials, resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities and
any sludge not 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.
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a building containing three or fewer dwelling
units, excluding Farms.
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[4] 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.[5]
The removal of Designated Recyclable Materials in violation of § 260-27 of this article.
A system where Recyclable Materials, commonly fibers and
glass, metal and plastic containers, are collected and processed together.
Any waste, including but not limited to Municipal, Residual,
or Hazardous Wastes, including solid, liquid, semisolid or contained
gaseous materials.
The process of separating, or the separation of, Designated
Recyclable Materials from other Solid Waste at the location where
generated for the purpose of Recycling.
The ferrous metal food or beverage containers commonly known
as "tin cans."
Any pneumatic rubber automobile, truck, or farm implement
tire.
Warwick Township.
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 on-site collection or storage of Regulated Municipal
Waste within the Township.
The following types of Solid Waste are "Unacceptable Waste"
unless approved by LCSWMA on a case-by-case basis:
Chemotherapeutic Waste.
Drums, barrels, buckets and paint cans unless
lids have been removed and interiors are cleaned and free of any residue.
Explosives and Ordnance Materials.
Gas cylinders, unless empty and delivered separate
from other Solid Waste.
Hazardous Waste.
Infectious/Pathological Waste.
Radioactive Materials.
A portion of Regulated Municipal Waste consisting of large
appliances, including the following: clothes washers, clothes dryers,
dishwashers, freezers, refrigerators, stoves, ovens, hot water heaters,
air conditioners, dehumidifiers, furnaces and electrical heaters.
All garden residues, leaves, shrubbery and tree trimmings
up to six inches in diameter, grass clippings, and sod.
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, 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 or
Nonresidential Unit are collected and disposed of in accordance with
this article, the Township's Policies and Procedures, and the LCSWMA
Rules and Regulations.
Each Person who owns or occupies a Residential
Unit shall provide proper collection and disposal of Regulated Municipal
Waste and Designated Recyclable Materials generated at such Residential
Units by either themselves delivering such materials to a Facility
or utilizing a Permitted Collector to collect and deliver such materials
to a Facility.
A.
Each Person who owns or occupies a Nonresidential
Unit or Multifamily Unit shall provide proper collection and disposal
of Regulated Municipal Waste and Designated Recyclable Materials by
either themselves delivering such materials to a Facility or utilizing
a Permitted Collector to collect and deliver such materials to a Facility.
B.
Each Person who owns a Multifamily Unit or Nonresidential
Unit 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 and Nonresidential Unit to ensure that all Designated
Recyclable Materials are Source Separated.
(3)
Provide collection and delivery to a Facility of Source
Separated Designated Recyclable Materials at a frequency of not less
than once per month.
A.
Residential.
(1)
No Person other than a Permitted Collector shall collect
on-site Regulated Municipal Waste or Designated Recyclable Materials
generated in any Residential Unit, except that a Person may deliver
to a Facility such Waste or Designated Recyclable Materials which
was generated at such Person's residence.
(2)
Each Permitted Collector who provides regularly scheduled
service for the collection of Regulated Municipal Waste from a Residential
Unit shall also collect Designated Recyclable Materials from such
Residential Unit. Each Permitted Collector shall establish, and notify
each Customer of procedures for the Source Separation, segregation
and packaging of Regulated Municipal Waste and Designated Recyclable
Materials. Such procedures shall permit commingling of all Aluminum,
Clear Glass, Colored Glass, Steel Cans, and Plastics, in a single
Recycling Container. Newsprint shall either be bagged or bundled in
accordance with instructions from the Permitted Collector to the Customer.
Each Permitted Collector shall schedule collections for Tires, White
Goods, and Yard Waste at least twice annually and shall give Customers
at least 30 days' advance notice of the schedule for such collections.
Each Permitted Collector shall schedule an additional special collection
for Leaves on two days between October 15 and December 15 each year.
(3)
Each Permitted Collector shall complete monthly LCSWMA
manifests, as required, reporting the amount of Regulated Municipal
Waste and Designated Recyclable Materials collected in the Township.
Each Permitted Collector shall submit copies of LCSWMA manifests to
the Township, upon request.
(4)
The schedule for collection of Regulated Municipal
Waste and Designated Recyclable Materials shall be as specified in
the Township's Policies and Procedures.
(5)
Recycling Containers for Residential Units will be
provided by the Township, which shall retain title to all such Recycling
Containers. Permitted Collectors shall distribute Recycling Containers
to all of their Residential Unit Customers in accordance with guidelines
to be established by the Township.
B.
Nonresidential and Multifamily Units.
(1)
No Person other than a Permitted Collector shall collect
on-site Regulated Municipal Waste or Designated Recyclable Materials
generated in any Nonresidential or Multifamily Unit.
(2)
Each Permitted Collector that collects on-site Designated
Recyclable Materials generated in any Nonresidential or Multifamily
Unit shall complete monthly LCSWMA Manifests, as required, reporting
the amount of Regulated Municipal Waste and Designated Recyclable
Materials collected in the Township.
C.
General.
(1)
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.
(2)
No Permitted Collector who collects or disposes of
Regulated Municipal Waste or Designated Recyclable Materials shall,
by contract or otherwise, cause, permit or assist in the storage,
collection, processing or disposal of Designated Recyclable Materials
in a manner which treats such materials as Regulated Municipal Waste
or which is otherwise inconsistent with Source Separation or Recycling.
Any delivery of Designated Recyclable Materials to a LCSWMA Facility
in accordance with the LCSWMA Rules and Regulations shall be deemed
to satisfy the requirements of this section.
(3)
Each Permitted Collector shall give written notice
to each Customer of such Permitted Collector's obligations under this
article and particularly the requirement to offer collection services
for Designated Recyclable Materials.
(4)
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.
A.
General.
(1)
All Regulated Municipal Waste and Designated 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)
Permitted Collectors shall supply each Residential
Unit with a recycling container which shall be provided by the Township.
Recycling containers for Multifamily Units and Nonresidential Units
shall be provided either by the owner or the Permitted Collector.
(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 or Designated
Recyclable Materials shall provide themselves 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.
(5)
Bulky waste shall be 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 and Designated Recyclable Materials are
generated.
(7)
Regulated Municipal Waste or Source Separated Designated
Recyclable Materials from Residential Units shall not be stored at
curbside prior to collection.
(8)
No Regulated Municipal Waste or Source Separated Designated
Recyclable Materials shall be placed at curbside for collection more
than 24 hours in advance of the scheduled time for collection.
B.
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.
C.
Recycling containers.
(1)
Individual recycling containers utilized for the collection
of Designated Recyclable Materials at Residential Units shall comply
with the following requirements:
(a)
The container shall be a container delivered
by a Permitted Collector which is provided by the Township made of
rigid plastic construction, with a capacity of not more than 22 gallons.
(b)
Title to individual recycling containers shall
remain in the Township.
(c)
The Township shall replace any recycling containers
which are damaged, lost, or stolen.
(2)
Bulk recycling containers utilized for the storage
of Designated Recyclable Materials at Multifamily and Nonresidential
Units shall comply with the following requirements:
A.
All persons 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 foods 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.
A.
All Persons who desire to collect on-site, store,
process or dispose of Regulated Municipal Waste or Designated Recyclable
Materials within the Township shall obtain a Collection Permit from
the Township prior to performance of any such activities.
B.
Every Person desiring a Collection 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 and the Commonwealth of Pennsylvania,
identification of other municipalities which have permitted that Person,
whether any licenses have been revoked by LCSWMA or any other municipality
which requires permitting of haulers, and a listing of the names and
addresses of all Residential Units, Multifamily Units and Nonresidential
Units served, which shall be updated annually.
C.
Applicants for a Collection 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)
The applicant's operation is in conformity in all
respects with the rules and regulations of the DEP, LCSWMA, and all
Township ordinances and the Township's Policies and Procedures.
(3)
Regulated Municipal Waste and Designated Recyclable
Materials shall be suitably enclosed or covered so as to prevent roadside
littering, attraction of vectors, or the creation of other nuisances.
(4)
All disposal of Regulated Municipal Waste other than
Designated Recyclable Materials shall be at a Facility.
(5)
All Designated Recyclable Materials shall be recycled
and shall not be disposed of as Regulated Municipal Waste.
(6)
Insurance shall be obtained for the applicant's proposed
operation in the Township. A certificate of insurance demonstrating
limits as follows:
(7)
All equipment to be used has been properly licensed
and inspected, and all operators have valid operator's licenses for
the class of vehicle operated.
D.
All Municipal Collection Permits shall be issued for
a period of three years or longer.
E.
Collection Permits may be suspended or revoked by
the Township at any time for just cause. "Just cause" shall include,
but not be limited to, where the Permitted Collector:
(1)
Fails to maintain a valid license issued by LCSWMA.
(2)
Violates any of the provisions of this article or
the Township's Policies and Procedures.
(3)
Improperly disposes of Designated Recyclable Materials
or Regulated Municipal Waste.
(4)
Scavenges.
(5)
Fails to perform in good faith all the covenants of
any agreement entered into with any customers.
F.
Any Person who has been denied a Collection Permit
or whose Collection Permit has been suspended or revoked may appeal
the denial, suspension or revocation to the Township. 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 Township, and no
appeal shall be considered complete without the payment of the appeal
fee. A prompt decision on such appeal shall be made by the Township.
G.
Collection Permits are not transferable to any other
Person.
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 § 260-21, 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 Construction/Demolition
Wastes, Residual Wastes, Hazardous Wastes (as defined by the DEP),
or Designated Recyclable Materials through Open Burning other than
Yard Waste burned in accordance with the following exemption criteria.
C.
It shall be unlawful for any person to open burn any
material, including the following at any time within the Township.
(1)
Household trash, books, magazines, newspapers, cardboard
and/or any items that are required to be recycled in the Township
under Act 101, including brush and scrap lumber or any vegetation,
plywood, drywall, plastic products, insulation material, upholstered
furniture, garbage, dead animals, human and animal excrement, human
and animal hair, rubber products including tires, hydrocarbon products
or flammable liquids, asphalt or tar shingles or roofing materials,
bedding, foam rubber, nylon, rayon, cotton, wool, polyester or other
synthetic material, insulation from copper or other wiring, solid
waste and/or construction waste as defined by Act 97 and 25 PA Code
§ 271.1.
D.
The following activities, when conducted as set forth in § 260-26E, are exempt from the open burning prohibition set forth above:
(1)
Yard Waste. Crop residue, brush, woody debris, shrubs,
trees and other natural vegetation generated as an element of any
of the following practices may be burned:
(2)
Woody Yard Wastes that are used for cooking food,
recreational or ceremonial purposes, or are services training.
(3)
Yard Wastes that are approved by permit for Open Burning
by a Fire Marshal, Emergency Services Director, DEP, or Pennsylvania
Department of Conservation and Natural Resources.
(4)
Outdoor fireplaces and charcoal/gas grills shall be
permitted upon private property within the Township solely for the
purpose of cooking foods. The following regulations shall apply:
(5)
Outdoor patio stoves, chimineas, or factory-built
metal novelty stoves shall be permitted outside on any residential
private property within the Township, provided that the following
regulations apply:
(a)
No persons shall use such patio stoves, chimineas or factory-built novelty stoves, for the burning of any material listed in § 260-21.
(b)
Only seasoned wood may be burned within such
outdoor patio stoves, chimineas, or factory-built metal novelty stoves.
(c)
Outdoor patio stoves, chimineas, or factory-built
metal novelty stoves shall not be used indoors or in any enclosed
areas that are not properly ventilated, i.e., garages, etc.
(6)
Campfires contained within a fire pit, or fire ring,
not exceeding six feet in diameter shall be permitted outside on any
residential private property within the Township, provided that the
following regulations apply:
(7)
Any bonfire solely for organized recreational or ceremonial
purposes, provided that:
(a)
The property owner must submit a request on
a form provided by the Township that specifies the date and location
of such event.
(b)
The property owner must receive approval of
such request from the Police Chief prior to the event.
[Amended 9-19-2012 by Ord. No. 256]
(c)
Only one approval will be granted per location
within a twelve-month period.
(8)
Structures that are used for approved and permitted
fire services training activities.
E.
Outdoor burning permitted in accordance with § 260-26D shall comply with all of the following regulations:
(1)
No person shall cause, suffer or permit the burning
of any material in a manner that:
(a)
The emissions are visible, at any time, at the
point such emissions pass outside the property line of the person
on whose land the burning is being conducted.
(b)
Malodorous air contaminants from the burning
are detectable outside the property of the person on whose land the
open burning is being conducted.
(c)
The emissions cause damage to vegetation or
property.
(d)
The emissions are or may be deleterious to human
or animal health.
(2)
All open burning of yard waste conducted in accordance with § 260-26D(1) as part of agricultural, land conservation maintenance, horticultural and forestry management practices shall occur between sunrise and sunset on any day.
(3)
If burning is conducted in an appropriate receptacle
or incinerator, such receptacle or incinerator must be located at
least three feet from all structures and at least three feet from
all property lines, road rights-of-way and stream banks. No such burning
is permitted in any front yard.
(4)
Any campfire must be located at least 25 feet from
all structures and at least 25 feet from all property lines, road
rights-of-way and stream banks. No campfire is permitted in any front
yard.
(5)
Any bonfire, or open burning conducted as part of agricultural and land conservation maintenance and management practices, or for agricultural, horticultural and forestry management practices to control insects, diseases and other pests on a farm anywhere within the Township or a non-farm parcel over 10 acres in the Agricultural Zone (A), Rural Estate Zone (RE) or Conservation Zone (C) as established in Chapter 340, Zoning, shall be located at least 250 feet from all structures, road rights-of-way and streams and at least 100 feet from all property lines.
(6)
All burning authorized by § 260-26D, whether conducted in a receptacle, incinerator or in the open shall be kept under constant supervision by a responsible adult during the burning activity, and at the end of the burning activity the fire shall be completely extinguished.
(7)
No burning of any kind shall be permitted during the
period of a drought warning or drought emergency, declared by the
DEP or Lancaster County for Lancaster County.
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 Permitted
Collector who has contracted to provide on-site 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.
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, on-site collection, 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 § 260-28 shall provide for on-site collection services for Regulated Municipal Waste to be performed after the Commencement Date unless on-site collection services are also offered for Designated Recyclable Materials. With respect to any contract which violates this article, such contract shall be deemed void and the Permitted Collector that is a party to such contract shall reimburse to the applicable Residential Units and Multifamily Units any funds which have been paid for such on-site collection services as violate this article and shall not collect or attempt to collect any funds for such collection services as violate this article.
The Township shall have the power to issue the
Township's Policies and Procedures governing all matters set forth
in this article and any other related matters deemed to be necessary
or convenient by the Township. The Township's Policies and Procedures
shall be effective when issued in writing and signed by the Secretary
of the Township. The Township shall have the power to establish record
and reporting requirements, and standards and procedures for the issuance,
administration and revocation of permits, as deemed necessary, including
without limitation, application procedures, fees, standards and conditions
for permits, 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 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 and/or
license issued by 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. All unlawful conduct shall also constitute a public
nuisance.
A.
Any Person violating any provision of this article
shall, upon conviction thereof in a summary proceeding, be sentenced
for each violation to pay a fine of not less than $100, and not more
than $1,000 and costs of prosecution and, in default of the payment
of such fine and costs, to undergo imprisonment for not more than
90 days. Each violation of any provision of this article, and each
day that such a violation shall exist, shall constitute a separate
violation and offense.
B.
The terms of this article may be enforced by any representative
of the Township hereafter appointed as a code enforcement officer
or by any police officer.
[Amended 9-19-2012 by Ord. No. 256]
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," "Residential Unit," "Multifamily Unit" and "Nonresidential
Unit" shall include officers and directors of any corporation or other
legal entity having officers and directors and refer to, and impose
joint and several liability upon, both the person 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.
The existence or exercise of any remedy provided
by this article shall not prevent the Township from exercising any
other remedy available at law or equity.
