[HISTORY: Adopted by the Board of Supervisors
of the Township of West Lampeter as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-19-1987 by Ord. No. 88]
A.Â
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 this municipality.
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.[1]
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.
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
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.
The segregation and collection, prior to delivery to a point
of entry into the system, of materials for the sole purpose of recycling.
The overall solid waste management and disposal system and
every aspect thereof owned or operated by or on behalf of LCSWMA,
including, without limitation, equipment, transfer stations, resource
recovery facilities, and landfills, owned or operated, or to be acquired,
constructed or operated by LCSWMA or any agent, designee or contractor
thereof in implementation of the plan.
Any solid waste facility which is now or hereafter may be
established by LCSWMA or the county for the purpose of accepting solid
waste for processing and economical consolidation for subsequent delivery
to the facility or other solid waste disposal site.
B.Â
All other words and phrases shall have the same meanings
as set forth in the Pennsylvania Solid Waste Management Act, Act of
July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq.
(Purdon Supp. 1985), as it may hereinafter be amended or supplemented
by legislation regarding municipal waste planning.
A.Â
Licensing. No person who is not duly licensed by LCSWMA
to deliver waste to the county system may collect or transport municipal
waste located or generated within this municipality. This prohibition
shall become effective 120 days from the effective date of this section
of this article.
B.Â
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.[1]
C.Â
Administration. Licenses hereunder shall be issued,
revoked and administered by LCSWMA.
A.Â
Delivery to LCSWMA/county sites. All municipal waste
collectors and transporters shall deliver and dispose of all regulated
municipal waste collected or generated within the municipality at
a transfer station or disposal facility owned and operated by or on
behalf of LCSWMA, subject to such reasonable regulations for the operation
thereof as may be established by the county or LCSWMA.
B.Â
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.
C.Â
Recycling. Nothing herein shall be deemed to prohibit
source separation or recycling or to affect any sites at which source
separation or recycling may take place.
A.Â
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.[1]
B.Â
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.
C.Â
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[2] 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.
[2]
Editor's Note: See 35 P.S. § 6018.101
et seq.
A.Â
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.
B.Â
New contracts and renewals of existing contracts.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for municipal waste collection, transportation,
processing or disposal shall be entered into after the effective date
of this article, unless such renewal or such contract shall conform
to the requirements of this article, the County Waste Flow Ordinance,
rules and regulations promulgated thereunder, and the terms of licenses
issued thereunder.
A.Â
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.
B.Â
Recycling. The prohibition set forth in § 224-6A of this article shall not interfere with the operation of any program for recycling.
C.Â
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:
(1)Â
The owner or operator of the facility provides written
notice to the county and the municipality of the facility permit number,
address, ownership and existing sources of waste no later than 60
days after the effective date of this article;
(2)Â
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
(3)Â
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)Â
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.
A.Â
Unlawful conduct. It shall be unlawful for any person
to:
(1)Â
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)Â
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)Â
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;
(4)Â
Collect or transport municipal waste present or generated
within the county without a valid license for disposal issued by LCSWMA;
(5)Â
Hinder, obstruct, prevent or interfere with the municipality,
the county, LCSWMA or their personnel in the performance of any duty
under this article or in the enforcement of this article;
(6)Â
Act in a manner that is contrary to Pennsylvania Solid
Waste Management Act,[1] regulations promulgated thereunder, the plan, this article,
the county ordinance, rules or regulations promulgated thereunder,
or the terms of licenses issued thereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
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.Â
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.
B.Â
Concurrent remedies. The penalties and remedies prescribed
by this article shall be deemed concurrent. The existence or exercise
of any remedy shall not prevent the municipality, the county or LCSWMA
from exercising any other remedy provided by this article or otherwise
provided at law or equity.
A.Â
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,[1] 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").[2]
B.Â
Terms and implementation of intermunicipal agreement.
As more fully set forth in the intermunicipal agreement and this article:
(1)Â
Conditions and terms of agreement. In the agreement:
(a)Â
The county agrees:
[1]Â
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]Â
To coordinate recycling activities and marketing,
and
[3]Â
To assure continuing municipal waste planning
for the county and the participating municipalities by entering into
an agreement with LCSWMA;
(b)Â
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)Â
The county agrees to assure reasonable solid
waste disposal fees for residents of the participating municipalities;
and
(e)Â
The parties agree to cooperate in the joint
enforcement of the intermunicipal agreement and all ordinances enacted
pursuant to the intermunicipal agreement and this municipality thereby
agrees cooperatively to exercise, to delegate to the county, and to
allow delegation of such powers, duties and responsibilities as set
forth in the intermunicipal agreement.
(2)Â
Duration of term of the agreement. The term of the
Intermunicipal Agreement shall commence upon the date on which the
county and other municipalities representing at least 60% of the population
of the county have executed the intermunicipal agreement and shall
terminate 40 years following that date, unless terminated earlier
for cause.
(3)Â
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.
(4)Â
Manner and extent of financing the agreement. Enforcement
of this article shall be financed by the county's general revenues,
except insofar as the municipality elects to enforce this article;
administration of this article the recycling program and planning
shall be financed by LCSWMA with revenues received from operation
of the county system; and construction and operation of the county
system shall be financed by debt instruments issued by LCSWMA and
operating revenues.
(5)Â
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.
(6)Â
Management and acquisition of property. All property
within the county system shall be acquired, managed and disposed of
by LCSWMA, in accordance with its separate agreement with the county
and the powers and duties imposed upon LCSWMA by law.
C.Â
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:
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. 528, 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.
A refuse container not intended to be moved or, if moved,
to be transported by vehicle for the purpose of disposal.
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.
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.
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.
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:
MUNICIPAL CUSTOMERA Residential Unit that elects to receive the collection services for Contract Waste and Designated Recyclable Materials under the Contract.
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.
Those Source-Separated Recyclable Materials designated in § 224-22 of this article.
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.
Refuse Containers which are in excess of the three Refuse
Container per Collection Site limit under the contract.
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.
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.
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.
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]
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.).
[3]Any Facility owned or operated by or on behalf of LCSWMA.
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.
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.
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]
All commercial, municipal and institutional establishments,
all Community Activities and all farms, excluding Residential Units
and Multifamily Units.
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]
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.
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 receptacle which is:
Constructed of plastic, metal, or fiberglass,
having handles of adequate strength for lifting, and having a tight-fitting
lid capable of preventing entrance into the container by vectors;
or
A polyethylene bag which is specifically designed
for storage and collection, is protected against animal damage and
overloading so as to prevent littering or attraction of insects or
rodents, and has a holding strength capable of withstanding normal
stresses until it is collected.
With respect to Residential Units, the weight
of a Refuse Container and its contents shall not exceed 30 pounds
nor shall its capacity exceed 32 gallons.
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.
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.
The process of separating, or the separation of, 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."
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.Â
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.Â
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).
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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:
C.Â
Each Person who owns a Multifamily Unit or Nonresidential
Unit that does not receive services under the Contract shall;
(1)Â
Provide Recycling Containers at easily accessible
locations for Source Separation of Designated Recyclable Materials;
(2)Â
Provide written instructions to all Persons occupying
each Multifamily Unit and Nonresidential Unit to ensure that all Designated
Recyclable Materials are Source-Separated; and
(3)Â
Provide collection and transportation of Source-Separated
Designated Recyclable Materials at a frequency of not less than once
per month.
A.Â
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.
B.Â
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.
C.Â
Hotels, restaurants, institutions and commercial establishments
shall have daily collection in the event the refuse contains any substantial
amount of decomposable material.
A.Â
Each Person who owns or occupies a Residential Unit
shall Source-Separate the following Recyclable Materials:
B.Â
Each Person who owns or occupies a Multifamily Unit
shall Source-Separate the following Recyclable Materials:
C.Â
Each Person who owns or occupies a Nonresidential
Unit shall Source-Separate the following Recyclable Materials:
A.Â
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.
B.Â
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:
(1)Â
For Residential Units submit to the Municipality,
on forms provided by the Municipality, reports concerning the sources,
types, weight, etc., of materials collected; and
(2)Â
Comply with the LCSWMA Rules and Regulations concerning
the use of LCSWMA Manifests; and
(3)Â
Comply with the Municipality's Residential Waste Management
Policies and Procedures, and with the Licensed Hauler Licensing Requirements.
C.Â
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]
D.Â
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.
E.Â
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]
F.Â
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.
G.Â
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:
(1)Â
The Contractor with respect to Contract Waste or Designated
Recyclable Materials generated by Municipal Customers; and
(2)Â
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.
H.Â
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.
I.Â
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]
J.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
Collection and transportation vehicles shall be kept
in a clean and sanitary condition.
A.Â
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]
B.Â
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.
A.Â
Nothing in this article shall be construed to impair
the obligations of any Existing Contract.
B.Â
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.
C.Â
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.
A.Â
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:
(1)Â
Application procedures, fees, standards and conditions
for licenses;
(2)Â
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
(3)Â
Any other matters deemed necessary or convenient by
the Municipality.
B.Â
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.
A.Â
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]
B.Â
Before March 1 of each year, the Committee shall submit
a report to the Board of Supervisors outlining for the prior year:
(1)Â
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.);
(2)Â
The various costs of each aspect of the program; and
(3)Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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:
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.
