[HISTORY: Adopted by the Board of Supervisors of the Township of West Lampeter as indicated in article histories. Amendments noted where applicable.]
§ 224-6 New or expanded private dumps, transfer stations and landfills prohibited; continuation of existing facilities.
[Adopted 1-19-1987 by Ord. No. 88]
The following terms shall have the followings meanings in this article:
- The County of Lancaster.
- EXISTING CONTRACT
- Any agreement or contract fully executed prior to the effective date of this article for the collection, disposal or transportation of municipal waste generated within this municipality.
- The waste to energy incinerator to be constructed by or on behalf of LCSWMA pursuant to the plan.
- FULL SYSTEM OPERATION or FULLY OPERATIONAL
- That date which is 60 days from the date upon which the county and other municipalities representing in the aggregate not less than 60% of the population of the county, as determined by the 1980 Decennial Census of the United States, execute the Intermunicipal Agreement and enact waste flow ordinances.
- The Lancaster County Solid Waste Management Authority, its assigns, its successors in interest, and its predecessor in interest, the Lancaster Area Refuse Authority.
- The Township of West Lampeter, 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 provisions of this article prescribing a fine, penalty, imprisonment or denial or grant of any license, the term "person" shall include the officers and directors of a corporation or other legal entity having officers and directors.
- The Municipal Waste Management Plan for the county adopted by the county or municipalities therein and approved by the Pennsylvania Department of Environmental Protection.
- POINT OF ENTRY INTO THE SYSTEM
- Any delivery site within the system designated by LCSWMA for delivery of regulated municipal waste.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, yard waste and other materials which would otherwise become municipal waste.
- REGULATED MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste, and other material including solid or semisolid material resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities, and any other solid waste which is within the definition "municipal waste" set forth in Section 103 of the Pennsylvania Solid Waste Management Act, Act of July 2, 1980, P.L. 380, No. 97, 35 P.S. § 6018.103 (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 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.
- SOURCE SEPARATION
- The segregation and collection, prior to delivery to a point of entry into the system, of materials for the sole purpose of recycling.
- The overall solid waste management and disposal system and every aspect thereof owned or operated by or on behalf of LCSWMA, including, without limitation, equipment, transfer stations, resource recovery facilities, and landfills, owned or operated, or to be acquired, constructed or operated by LCSWMA or any agent, designee or contractor thereof in implementation of the plan.
- TRANSFER FACILITY
- Any solid waste facility which is now or hereafter may be established by LCSWMA or the county for the purpose of accepting solid waste for processing and economical consolidation for subsequent delivery to the facility or other solid waste disposal site.
All other words and phrases shall have the same meanings as set forth in the Pennsylvania Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq. (Purdon Supp. 1985), as it may hereinafter be amended or supplemented by legislation regarding municipal waste planning.
Licensing. No person who is not duly licensed by LCSWMA to deliver waste to the county system may collect or transport municipal waste located or generated within this municipality. This prohibition shall become effective 120 days from the effective date of this section of this article.
Compliance with rules, regulations and ordinances. In carrying on activities related to solid waste collection or transportation within this 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 Pa.C.S.A. § 5617, as hereafter amended.
Administration. Licenses hereunder shall be issued, revoked and administered by LCSWMA.
Delivery to LCSWMA/county sites. All municipal waste collectors and transporters shall deliver and dispose of all regulated municipal waste collected or generated within the 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.
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 § 224-6C of this article shall be permitted.
Recycling. Nothing herein shall be deemed to prohibit source separation or recycling or to affect any sites at which source separation or recycling may take place.
Compliance with county and LCSWMA regulations. The collection, transportation and disposal of municipal waste present or generated within the 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 Pa.C.S.A. § 5617, as hereafter amended, including, without limitation, regulations governing applications and standards for licensing, fees to be charged for such licensing, the terms of licenses, procedures, recordkeeping, transportation routes and other matters.
County authorization to adopt regulations. Rules and regulations adopted by the county pursuant to the parallel County Waste Flow Ordinance to be adopted pursuant to the intermunicipal agreement described in § 224-11 hereof shall be deemed rules and regulations adopted under this article and the county is hereby authorized to adopt such rules and regulations.
Consistency of regulations with ordinance and other laws. No rules or regulations adopted pursuant to this article shall be contrary to or less stringent than the provisions of this article, the plan, the County Waste Flow Ordinance, the Pennsylvania Solid Waste Management Act or regulations adopted thereunder, or such other laws, regulations or requirements as may be enacted by the United States of America, the Commonwealth of Pennsylvania, the Pennsylvania Department of Environmental Protection or the Pennsylvania Environmental Quality Board governing municipal waste planning, collection, storage, transportation, processing or disposal.
Editor's Note: See 35 P.S. § 6018.101 et seq.
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 article.
New contracts and renewals of existing contracts. No renewal of any existing contract upon the expiration of the original term thereof and no new contract for municipal waste collection, transportation, processing or disposal shall be entered into after the effective date of this article, unless such renewal or such contract shall conform to the requirements of this article, the County Waste Flow Ordinance, rules and regulations promulgated thereunder, and the terms of licenses issued thereunder.
§ 224-6 New or expanded private dumps, transfer stations and landfills prohibited; continuation of existing facilities.
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 LARA.
Recycling. The prohibition set forth in § 224-6A of this article shall not interfere with the operation of any program for recycling.
Existing facilities. The prohibition set forth in § 224-6A of this article 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:
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;
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; and
The facility shall not be expanded in capacity, with the exception of facilities owned or operated by or on behalf of another county, which facilities may expand if such expansion is consistent with a DEP-approved municipal waste management plan.
Notices under this section shall be submitted to the Secretary of the Board of Supervisors 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.
Unlawful conduct. It shall be unlawful for any person to:
Accumulate or cause to be accumulated municipal waste in an amount greater than 20 tons, other than waste which has been source-separated for the purpose of recycling;
Violate, cause or assist in the violation of any provision of this article, any rule, regulation or order promulgated hereunder, or any rule, regulation or order promulgated by LCSWMA or the county consistent with this article;
Process, treat, transfer, or dispose of or cause to be processed, treated, transferred or disposed 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 § 224-6C of this article, without the express written consent of any municipality within which the facility is located, the county, and LCSWMA;
Collect or transport municipal waste present or generated within the county without a valid license for disposal issued by LCSWMA;
Hinder, obstruct, prevent or interfere with the municipality, the county, LCSWMA or their personnel in the performance of any duty under this article or in the enforcement of this article;
Act in a manner that is contrary to Pennsylvania Solid Waste Management Act, regulations promulgated thereunder, the plan, this article, the county ordinance, rules or regulations promulgated thereunder, or the terms of licenses issued thereunder.
Any person who engages in unlawful conduct as defined in this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Upon finding that any person has engaged in unlawful conduct as defined in this article:
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 § 224-8 hereof and revoke any licenses as authorized by § 224-9 hereof.
Concurrent remedies. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the municipality, the county or LCSWMA from exercising any other remedy provided by this article or otherwise provided at law or equity.
Entry into Intermunicipal Agreement. In order to implement the intent and terms of this article, the municipality, pursuant to the authority of the Intergovernmental Cooperation Act, 53 Pa.C.S.A. § 2301 et seq., 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 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").
Terms and implementation of intermunicipal agreement. As more fully set forth in the intermunicipal agreement and this article:
Conditions and terms of agreement. In the agreement:
The county agrees:
To arrange for the provision of municipal waste disposal facilities for the economical and environmentally sound disposal of municipal waste generated within the participating municipalities,
To coordinate recycling activities and marketing, and
To assure continuing municipal waste planning for the county and the participating municipalities by entering into an agreement with LCSWMA;
The county and participating municipalities representing, in the aggregate, not less than 60% of the population of the county each agree to enact a Waste Flow Ordinance in a form substantially similar to this article and to assure otherwise that all acceptable municipal solid waste be delivered to the county system;
The county agrees to assure reasonable solid waste disposal fees for residents of the participating municipalities; and
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.
Duration of term of the agreement. The term of the Intermunicipal Agreement shall commence upon the date on which the county and other municipalities representing at least 60% of the population of the county have executed the intermunicipal agreement and shall terminate 40 years following that date, unless terminated earlier for cause.
Purpose and objectives of agreement. The purpose of the intermunicipal agreement is to provide a mechanism i) to finance, to construct and to operate a municipal waste disposal system to serve this municipality and other municipalities within the county, ii) to administer a countywide recycling program, and iii) to provide continuing municipal waste planning, as more fully set forth in the recitals to the intermunicipal agreement and this article.
Manner and extent of financing the agreement. Enforcement of this article shall be financed by the county's general revenues, except insofar as the 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.
Organizational structure necessary to implement the agreement. LCSWMA shall be formed from LARA by amendment of LARA's Articles of Incorporation; LCSWMA shall a) construct and operate or arrange for the construction and operation of the county system and b) 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.
Management and acquisition of property. All property within the county system shall be acquired, managed and disposed of by LCSWMA, in accordance with its separate agreement with the county and the powers and duties imposed upon LCSWMA by law.
Execution. Appropriate officers of the 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 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 7-15-1991 by Ord. No. 115]
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. 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.
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter amended.
- All food and beverage cans made of the light in weight, ductile and malleable metallic substance or element commonly known as "aluminum." This description excludes aluminum foil, trays, plates, and miscellaneous aluminum products.
- BULK CONTAINER
- A refuse container not intended to be moved or, if moved, to be transported by vehicle for the purpose of disposal.
- COMMENCEMENT DATE
- October 1, 1991, the date upon which the Municipality's mandatory Recycling program and the Contract collection services begin.
- Recyclable Materials which have been segregated from Regulated Municipal Waste but which have not been separated into different types of Recyclable Materials, and which have been placed in a Recycling Container for the purposes 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.
- The agreement between the Municipality and the Contractor under which collection services are to be provided to specified Residential Units for Contract Waste and Recyclable Materials.
- The Person providing Contract Waste and Recyclable Materials collection services under the Contract.
- CONTRACT WASTE
- Those portions of Regulated Municipal Waste which are to be collected and disposed of under the Contract. Contract Waste consists exclusively of Refuse and Oversized Refuse Items.
- CORRUGATED PAPER (CORRUGATED CARDBOARD)
- Layered paper or cardboard in which one or more layers is
pressed into parallel grooves or ridges and which is normally used
for wrapping, packing, shipping and/or storage of dry materials (e.g.,
packing boxes, appliance boxes). Specifically excluded from this definition
are pressboard and cardboard commonly known as "asian board" or "asian
cardboard," as well as any corrugated cardboard containing a shiny
finished side or sides or which is contaminated with food or other
material.[Added 3-11-2002 by Ord. No. 166]
- The correct location for the placement of Refuse Containers and Recycling Containers for the purpose of collection by the Contractor, which shall be a) adjacent to the Residential Unit, and b) no more than five feet from the public street used by collection vehicles.
- There are two types of customers in the Municipality's program for the collection of Regulated Municipal Waste and Designated Recyclable Materials. The two types are defined as follows:
- DESIGNATED RECYCLABLE MATERIALS
- Those Source-Separated Recyclable Materials designated in § 224-22 of this article.
- EXISTING CONTRACT
- Any contract for the storage, collection, transportation, processing, or disposal of Regulated Municipal Waste or Recyclable Materials generated or located within the Municipality which was legally entered into prior to the effective date of this article, and when entered into was legally enforceable.
- EXTRA REFUSE CONTAINERS
- Refuse Containers which are in excess of the three Refuse Container per Collection Site limit under the contract.
- EXTRA SERVICE TAG
- A label which must be affixed to Tires, White Goods, Oversized Refuse Items, Yard Waste, and Extra Refuse Containers in order for such items to be collected by the Contractor.
- Any specific site or Person designated by LCSWMA as the specific place or site or Person 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 or Person being designated by LCSWMA, any approved site for the delivery of any category of Solid Waste or Source-Separated Recyclable Materials. A site will be deemed an approved site for the purposes of this definition so long as that site a) is in possession of all applicable local, state and federal permits, b) is operating in accordance with all applicable local, state and federal laws and regulations, and c) provides LCSWMA with such data and information as LCSWMA requests, including, without limitation, 1) the quantity, type, source, and date of receipt of Solid Waste and Source-Separated Recyclable Materials that were generated in Lancaster County and delivered to the site, 2) proof that the site is in compliance with a) and b) above, and 3) in the case of Source-Separated Recyclable Materials, proof that all such materials received at the site are, in fact, Recycled.
- GLASS, CLEAR
- Clear Glass consists only of clear food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.
- GLASS, COLORED
- Colored Glass consists only of green or brown food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.
- HOUSEHOLD BATTERIES
- Cell or cells providing electrical current to small appliances
such as electronic units, toys, watches and hearing aids.[Added 3-11-2002 by Ord. No. 166]
- IN-HOME MEDICAL WASTE
- Items disposed of in accordance with the Township's Policies
and Procedures which may pose a potential health and/or safety hazard
to those handling the refuse. Such items include, but are not limited
to, sharp objects such as needles, syringes and lancets, soiled bandages,
disposable sheets and medical gloves.[Added 3-11-2002 by Ord. No. 166]
- Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act, as amended (53 Pa.C.S.A. § 5601 et seq.). 
- LCSWMA FACILITY
- Any Facility owned or operated by or on behalf of LCSWMA.
- LICENSED HAULER
- A Person who is in possession of all pertinent permits and licenses which may be required by the Municipality and LCSWMA, for the collection, transportation, storage or disposal of Solid Waste or Recyclable Materials.
- MULTIFAMILY UNIT
- A property with four or more Residential Units, including without limitation, apartment complexes, condominium complexes, retirement homes, and mobile home parks, excluding farms.
- The Township of West Lampeter, Lancaster County, Pennsylvania.
- MUNICIPALITY'S POLICIES AND PROCEDURES
- The rules and regulations adopted and revised from time to time by the Municipality which govern and pertain to the Municipality's Recycling program and the collection, storage or transportation of Regulated Municipal Waste with the Municipality.
- Paper which has been used for the production of daily, weekend
and special edition publications and advertisements (i.e., newspaper,
magazines and telephone books).[Amended 3-11-2002 by Ord. No. 166]
- NONRESIDENTIAL UNITS
- All commercial, municipal and institutional establishments, all Community Activities and all farms, excluding Residential Units and Multifamily Units.
- OVERSIZED REFUSE ITEMS
- Refuse which will not fit into Refuse Containers but which is not Bulky Waste, including small furniture, carpet, portable televisions and the like, but excluding Tires and White Goods.
- 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).[Added 3-11-2002 by Ord. No. 166]
- 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.
- 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, the term "Recycling container" shall refer to the container supplied by the Municipality. For Multifamily Units and Nonresidential Units, the term "Recycling Container" shall refer to a receptacle which is constructed of plastic, metal or fiberglass and has handles of adequate strength for lifting.
- All Regulated Municipal Waste except the following categories of solid waste:
- A. A receptacle which is:
- (1) 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
- (2) 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.
- B. With respect to Residential Units, the weight of a Refuse Container and its contents shall not exceed 30 pounds nor shall its capacity exceed 32 gallons.
- REGULATED MUNICIPAL WASTE
- Any Solid Waste generated or collected within the Municipality which is garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities and any Sludge which is not Residual or Hazardous Waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include Designated Recyclable Materials.
- RESIDENTIAL UNIT
- Any occupied single-family detached, semidetached, or townhouse dwelling, or an occupied dwelling unit within a multifamily building containing three or fewer dwelling units, excluding farms. When used in this article or the Municipality'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 Municipality to use the collection services provided under the Contract.
- The uncontrolled or unauthorized removal of Recyclable Materials from the Curbside.
- SOURCE-SEPARATE OR SOURCE SEPARATION
- The process of separating, or the separation of, Recyclable Materials from other Solid Waste at the location where generated for the purpose of Recycling.
- STEEL AND BIMETALLIC CANS
- The ferrous metal food or beverage containers commonly known as "tin cans."
- YARD WASTE
- All garden residues, leaves, grass clippings and sod.
All Persons within the Municipality shall Source-Separate Designated Recyclable Materials.
[Amended 30-11-2002 by Ord. No. 166]
Each person who owns or occupies a Residential Unit, Multifamily Unit or Nonresidential Unit within the Municipality shall ensure that Regulated Municipal Waste and Designated Recyclable Materials generated at Residential Units, Multifamily Residential Units or Nonresidential Units are Source-Separated, properly contained, placed and collected, transported and disposed of in accordance with this article, the Municipality's Policies and Procedures and the LCSWMA Rules and Regulations.
Each person who owns or occupies a Residential Unit, Multifamily Unit or Nonresidential Unit within the Municipality shall not burn or permit the burning of any recyclable materials (including leaves).
Persons may not place containers along streets for pickup sooner than 3:00 p.m. on the day before the scheduled pickup unless the container is a Bulk Container.
Persons shall not leave Refuse and Recycling Containers at the place of collection longer than 12 hours after the scheduled day of collection unless the container is a Bulk Container.
Election. Each Residential Unit will have one opportunity prior to the Commencement Date to elect whether to receive collection services under the Contract. Residential Units electing to receive such services shall be governed by Subsection B below. Residential Units electing not to receive such services shall be governed by Subsection C below.
Residential units electing to receive contract services (municipal customers). Collection services for Contract Waste and Designated Recyclable Materials shall be provided to Municipal Customers by the Contractor. Municipal Customers shall not during the term of the Contract enter into any independent agreements with any haulers for the collection of Contract Waste or Designated Recyclable Materials. Municipal Customers shall prepare Designated Recyclable Materials and Contract Waste for collection in accordance with the Municipality's Policies and Procedures. With respect to Regulated Municipal Waste which is not Contract Waste, Municipal Customers shall provide proper collection, transportation and disposal by utilizing a Licensed Hauler to collect and transport such materials to a Facility.
Residential units electing not to receive contract services (other customers). Other Customers shall provide proper collection, transportation, and disposal of Regulated Municipal waste and Designated Recyclable Materials generated at such Residential Units by utilizing a Licensed Hauler to collect and transport such materials to a Facility.
Each Person who owns or occupies a Nonresidential Unit or Multifamily Unit shall provide proper collection, transportation, and disposal for Regulated Municipal Waste and Designated Recyclable Materials by utilizing a Licensed Hauler to collect and transport such materials to a Facility.
With respect to Contract Waste and Designated Recyclable Materials, a Person who owns or occupies a Multifamily Unit or Nonresidential Unit may request Municipality approval to receive the services under the Contract. Each Person who owns or occupies a Multifamily Unit or Nonresidential Unit approved to receive services under the Contract shall:
Each Person who owns a Multifamily Unit or Nonresidential Unit that does not receive services under the Contract shall;
Provide Recycling Containers at easily accessible locations for Source Separation of Designated Recyclable Materials;
Provide written instructions to all Persons occupying each Multifamily Unit and Nonresidential Unit to ensure that all Designated Recyclable Materials are Source-Separated; and
Provide collection and transportation of Source-Separated Designated Recyclable Materials at a frequency of not less than once per month.
Regulated Municipal Waste and Designated Recyclable Materials shall be collected from Residential Units on the same day a minimum of once weekly through the year.
Regulated Municipal Waste and Designated Recyclable Materials shall be collected from Multifamily Units and Nonresidential Units using Bulk Containers as often as necessary, but at least once per month.
Hotels, restaurants, institutions and commercial establishments shall have daily collection in the event the refuse contains any substantial amount of decomposable material.
Each Person who owns or occupies a Multifamily Unit shall Source-Separate the following Recyclable Materials:
Each Person who owns or occupies a Nonresidential Unit shall Source-Separate the following Recyclable Materials:
With respect to Contract Waste and Designated Recyclable Materials generated by Municipal Customers, no Person other than the Contractor shall collect, transport, store, process, or dispose of such waste. With respect to Regulated Municipal Waste other than Contract Waste which is generated by Municipal Customers, and Regulated Municipal Waste or Designated Recyclable Materials which are generated by Other Customers, Multifamily Units, or Nonresidential Units, no Person other than a Licensed Hauler shall collect, transport, store, process, or dispose of such waste.
Each Licensed Hauler that collects or transports Regulated Municipal Waste or Designated Recyclable Materials generated in any Residential Unit, Nonresidential Unit or Multifamily Unit shall:
For Residential Units submit to the Municipality, on forms provided by the Municipality, reports concerning the sources, types, weight, etc., of materials collected; and
Comply with the LCSWMA Rules and Regulations concerning the use of LCSWMA Manifests; and
Comply with the Municipality's Residential Waste Management Policies and Procedures, and with the Licensed Hauler Licensing Requirements.
Each Licensed Hauler who provides regularly scheduled service for the collection of Regulated Municipal Waste from any Other Customer shall also collect Designated Recyclable Materials from such Other Customer. Each such Licensed Hauler shall establish, and notify each Other Customers, 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, and Steel and Bimetallic Cans and Plastics, in a single Recycling Container. Each such Licensed Hauler shall schedule collections for Tires and White Goods at least twice annually and shall give each Other Customer at least 30 days' advance notice of the schedule for such collections. Newsprint shall either be bagged or bundled in accordance with instructions from the Licensed Hauler to each Other Customer.
[Amended 3-11-2002 by Ord. No. 166]
The schedule for collection of Regulated Municipal Waste and Designated Recyclable Materials from Other Customers shall be as specified in the Municipality's Policies and Procedures.
Recycling Containers for Residential Units will be provided by the Municipality which shall retain title to all such Recycling Containers. For Municipal Customers, the Municipality shall distribute Recycling Containers to all of their Residential Unit Customers in accordance with guidelines established by the Municipality. For Other Customers, the Licensed Hauler shall distribute Recycling Containers to all their Residential Unit Customers in accordance with guidelines established by the Municipality.
[Amended 3-11-2002 by Ord. No. 166]
Each Licensed Hauler shall give written notice to each Customer of such Licensed Hauler's obligations under this article and particularly the requirement to offer collection services for Designated Recyclable Materials.
No Person who generates, owns or possesses Designated Recyclable Materials or Regulated Municipal Waste shall, by contract for collection services or otherwise, cause, permit or assist in the collection, transportation, storage, processing or disposal of such Waste by any Person other than:
The Contractor with respect to Contract Waste or Designated Recyclable Materials generated by Municipal Customers; and
A Licensed Hauler with respect to Regulated Municipal Waste other than Contract Waste generated by Municipal Customers, and Regulated Municipal Waste or Designated Recyclable Materials generated by Other Customers, Multifamily Units, or Nonresidential Units.
No Licensed Hauler who collects, transports 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, transportation, processing or disposal of Designated Recyclable Materials in a manner which treats such materials as Regulated Municipal Waste, or which is otherwise inconsistent with Source Separation or Recycling. 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 Subsection C of this section.
Notwithstanding the provisions of § 224-19B above, any person who occupies a Residential Unit may transport to a facility the Regulated Municipal Waste and Recyclable Materials generated at such residence in order to dispose of extraordinary quantities of refuse or recyclable materials beyond the three container limit or of materials not collected as provided for in the current contract hauler's contract. This section is not to be construed as alleviating the responsibility of an owner of a Residential Unit under § 224-19B to continue trash service as provided for Municipal Customers.
[Amended 3-11-2002 by Ord. No. 166]
All Regulated Municipal Waste and Designated Recyclable Materials generated or collected in the Municipality shall be transported 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.
Haulers shall be required to collect and remove Regulated Municipal Waste in motor-driven vehicles having steel, nonleakable, automatic packer-type bodies, and to so conduct the collection, removal and transportation of the Regulated Municipal Waste so as to assure general cleanliness and sanitation throughout the entire process and operation thereof. The vehicles shall be licensed and approved by LCSWMA.
Haulers shall be required to collect and remove Designated Recyclable Materials in motor-driven vehicles or trailers designated for recyclable collection and removal and transportation of the Designated Recyclable Materials so as to assure general cleanliness and sanitation throughout the entire process and operation thereof.
The name of the owner of the vehicle and the license sticker issued by the Township shall be displayed in a prominent and legible manner on both sides of all vehicles used for collection and transportation.
Collection and transportation vehicles shall be kept in a clean and sanitary condition.
All Regulated Municipal Waste shall be hauled directly to a Facility owned, operated or approved by LCSWMA for disposal, or other facility to which solid waste may be delivered in accordance with the specific approval of LCSWMA. Haulers shall not transfer any Regulated Municipal Waste from vehicles after collection or prior to disposal at the Facility.
[Amended 3-11-2002 by Ord. No. 166]
Haulers shall transport the collected Recyclable Materials either to a Facility, or directly to markets. The haulers shall take title to the Recyclable Materials upon collection. It is the responsibility of the hauler to remove and dispose of Recyclable Materials generated in the Township in a manner which is consistent with the intent and effect of Recycling. The hauler shall be responsible to ensure that all Recyclable Materials collected are transported to markets for sale and not disposed of as Regulated Municipal Waste in landfills or other disposal sites.
No Person shall store, process, or dispose of any Regulated Municipal Waste or Designated Recyclable Materials except at a Facility. Notwithstanding the foregoing, Yard Waste may be composted (in accordance with Municipality's guidelines) on the property on which such Waste was generated.
Fees for services provided by the Municipality shall be charged to all Municipal Customers within the Municipality. The amount of fees and the schedule for payment of fees shall be as specified in the Municipality's Policies and Procedures.
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 of the Contractor or the Licensed Hauler who has contracted to provide collection, as provided in the contract. It shall be a violation of this article for any Person, other than such Licensed Hauler, to collect or pick up, or cause to be collected or picked up, any such Designated Recyclable Materials.
Nothing in this article shall be construed to impair the obligations of any Existing Contract.
No renewal or modification of any Existing Contract, and no new contract for the storage, collection, transportation, processing, or disposal of Regulated Municipal Waste or 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 Municipality's Policies and Procedures.
No contract which is entered into, renewed, extended, modified, or assigned after the effective date of this § 224-29 shall provide for collection services to be performed after the Commencement Date for Contract Waste or Designated Recyclable Materials generated by any Municipal Customer. This provision shall not apply to the Contract between the Municipality and the Contractor. With respect to any contract which violates this subsection, such contract shall be deemed void and the hauler that is a party to such contract shall reimburse to the applicable Municipal Customers any funds which have been paid for such collection services and shall not collect or attempt to collect any funds for such collection services.
The Municipality shall have the power to establish service fees, record and reporting requirements, and standards and procedures for the issuance, administration and revocation of licenses, as deemed necessary, including without limitation:
Application procedures, fees, standards and conditions for licenses;
The fixing of a monetary bond, with or without surety, to secure the compliance by any Licensed Hauler with any such requirements, standards or procedures; and
Any other matters deemed necessary or convenient by the Municipality.
In the event of suspension or revocation of any license which is issued by the Municipality or LCSWMA, the Person whose license is suspended or revoked shall refund to each Customer any prepaid fees.
The Board of Supervisors shall appoint a five-member committee to serve as the Township’s Waste Reduction and Recycling Committee. The Board may, at its discretion, appoint four residents and one business representative of the Township to serve on the Committee. The term of office of each member shall be three years. (For the initial ordinance adoption, the first year of such appointments shall require that three positions be appointed for a term of three years and two positions appointed for a term of one year. Each subsequent appointment shall be for a term of three years). The Committee, with assistance from LCSWMA, the Contractor and Licensed Haulers, shall be responsible for a) oversight and review of the Township's recycling program, including program costs and fees, and b) developing and implementing a waste reduction and recycling public awareness program.
[Amended 3-11-2002 by Ord. No. 166; 12-14-2015 by Ord. No. 238]
Before March 1 of each year, the Committee shall submit a report to the Board of Supervisors outlining for the prior year:
The amount of recycling accomplished in different material categories and by different categories of waste generators (e.g., residential units, multifamily units, commercial units, etc.);
The various costs of each aspect of the program; and
Recommendations for improving the effectiveness and efficiency of the program.
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 Municipality's Policies and Procedures. All unlawful conduct shall also constitute a public nuisance.
No person shall engage in any disposal or processing of any solid waste material without a valid permit from the Pennsylvania Department of Environmental Protection.
No hauler shall use any vehicle for collection of Regulated Municipal Waste or Designated Recyclable Materials without a valid license from the Township and from LCSWMA.
All containers, vehicles and equipment, of applicants, contractors, or licensed haulers shall be subject to inspection by the Township at any reasonable hour without prior notice.
If violations of this article are discovered in the course of such inspections, the Township may proceed with prosecution under this article or may petition the Court of Common Pleas of Lancaster County, Pennsylvania, for an injunction, either mandatory or prohibitive, to enforce this article.
Any person violating any provision of this article or any provision of the Municipality's Policies and Procedures shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
For purposes of the obligations established by this article or the Municipality's Policies and Procedures, and for purposes of any fine, penalty, imprisonment or other sanction, the terms "Person," "Municipal Customer," "Other Customer," "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:
In addition to any other remedy provided in this article, the Municipality may institute proceedings to restrain any violation of, or to require compliance with, this article and/or the Municipality'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 Municipality's Policies and Procedures. The existence or exercise of any remedy shall not prevent the Municipality from exercising any other remedy a) provided under i) this article or ii) the Municipality's Policies and Procedures, or b) available at law or equity.
This article is in addition to, and not in lieu of, prior ordinances. Prior ordinances, to the extent that they are inconsistent with this article, are hereby repealed.