[Adopted 1-19-1987 by Ord. No. 88]
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:
A. LCSWMA, the municipality, the county may revoke any license issued by LCSWMA to that person in accordance with §
224-2 of this article; and
B. LCSWMA may deny any subsequent application by that person for a license pursuant to §
224-2 hereof.
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.
Sections
224-5 and
224-11 of this article shall become effective immediately, as provided by law, and the remainder of this article shall become effective on the date upon which the system becomes fully operational.
[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.
ALUMINUM
All food and beverage cans made of the light in weight, ductile
and malleable metallic substance or element commonly known as "aluminum."
This description excludes aluminum foil, trays, plates, and miscellaneous
aluminum products.
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.
COMMINGLED
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.
CONTRACT
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.
CONTRACTOR
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]
CURBSIDE
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.
CUSTOMER
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:
A.
MUNICIPAL CUSTOMERA Residential Unit that elects to receive the collection services for Contract Waste and Designated Recyclable Materials under the Contract.
B.
OTHER CUSTOMERA Residential Unit that elects not to receive the collection services under the Contract and that independently contracts with a Licensed Hauler for the collection of Regulated Municipal Waste and Designated Recyclable Materials.
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.
FACILITY
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]
LCSWMA
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.).
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.
MUNICIPALITY
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.
NEWSPRINT
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.
PERSON
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
PLASTICS
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.
RECYCLING
The separation, collection, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as Waste or the mechanized
separation and treatment of Solid Waste and creation and recovery
of reusable materials or energy.
RECYCLING CONTAINER
For Residential Units, 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.
REFUSE
All Regulated Municipal Waste except the following categories
of solid waste:
A.
Construction/Demolition Waste.
F.
Household Hazardous Waste.
G.
Source-Separated Recyclable Materials.
REFUSE CONTAINER
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.
SCAVENGING
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.
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]
A. 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.
B. 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).
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.
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.
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:
A. Include officers and directors of any corporation
or other legal entity having officers and directors; and
B. Refer to, and impose joint and several liability upon,
both:
(1) The persons residing in or occupying any such Residential,
Multifamily or Nonresidential Units; and
(2) 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 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.
This article shall become effective five days from enactment, except for §§
224-16 through
224-23 of this article which shall become effective on the Commencement Date.