[Adopted 12-11-1990 by Ord. No. C-335, approved 12-11-1990]
Any term, if not defined in this article, shall have the meaning as from time to time set forth in the LSCSWMA 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.S. 380, No. 97, as now or hereafter amended.[1]
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.[2]
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.
COMMENCEMENT DATE
January 1, 1990, 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 purpose of collection.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals, including but not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
CONTRACT
The agreement between the municipality and a licensed hauler under which collection services are to be provided to residential units for contract waste and for recyclable materials other than leaves.
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.
CURBSIDE
The correct location for the placement of refuse containers and recycling containers for the purpose of collection by the contractor, which shall be adjacent to the residential unit and no more than five feet from the public street used by collection vehicles.
DESIGNATED RECYCLABLE MATERIALS
Those source-separated recyclable materials designated in § 66-30 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 containers per collection site limit.
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
A. 
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.
B. 
A site will be deemed an approved site for the purposes of this definition so long as that site:
(1) 
Is in possession of all applicable local, state and federal permits;
(2) 
Is operating in accordance with all applicable local, state and federal laws and regulations; and
(3) 
Provides LCSWMA with such data and information as LCSWMA requests, including, without limitation:
(a) 
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;
(b) 
Proof that the site is in compliance with Subsection B(1) and (2) above; and
(c) 
In the case of source-separated recyclable materials, proof that all such materials received at the site are, in fact, recycled.
GLASS, CLEAR
Consists only of clear food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silican and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.
GLASS, COLORED
Consists only of green or brown food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.
LCSWMA
Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act of 1945, as amended.[3]
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 seven or more residential units, including, without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks, excluding farms.
MUNICIPALITY
The Borough of Lititz.
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 within the municipality.
NEWSPRINT
Paper which has been used for the production of daily, weekend and special edition publications commonly known as "newspapers."
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.
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.
B. 
Bulky waste.
C. 
Putrescible waste.
D. 
Uncompatible waste.
E. 
Special handling waste.
F. 
Household hazardous waste.
G. 
Source-separated recyclable materials.
H. 
Unacceptable waste.
I. 
Oversized refuse items.
REFUSE CONTAINER
A receptacle which is constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tightfitting lid capable of preventing entrance into the container by vectors, or a polyethylene bag which is specifically designed for storage and collection, is protected against animal damage and overloading so as to prevent littering or attraction of insects or rodents and has a holding strength capable of withstanding normal stresses until it is collected. With respect to residential units, the weight of a "refuse container" and its contents shall not exceed 30 pounds nor shall its capacity exceed 32 gallons.
REGULATED MUNICIPAL WASTE
Any solid waste generated or collected within the 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 single-family detached, semidetached or townhouse dwelling or a 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.
STEEL AND BIMETALLIC CANS
The ferrous metal food or beverage containers commonly known as "tin cans."
YARD WASTE
All garden residues, grass clippings, shrubbery and tree prunings less than 1/4 inch in diameter and similar material, but excluding leaves.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: See 53 P.S. § 301 et seq.
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 such residential unit, multifamily unit or nonresidential unit are source-separated and collected, transported and disposed of in accordance with this article, the municipality's policies and procedures and the LCSWMA rules and regulations.
Collection services for contract waste and for designated recyclable materials other than leaves shall be provided to residential units by the contractor. Leaves shall be collected by the municipality. Each person who owns or occupies a residential unit 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, persons who own or occupy residential units may elect to provide proper collection, transportation and disposal by either themselves transporting such materials to a facility or utilizing a licensed hauler to collect and transport such materials to a facility.
A. 
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 either request municipality approval to receive the services under the contract or utilize a LCSWMA licensed hauler.
B. 
Each person who owns or occupies a multifamily unit or nonresidential unit approved to receive services under the contract shall comply with the municipality's policies and procedures established for residential units and, notwithstanding the provisions of § 66-30B and C of this article, shall source-separate the recyclable materials designated in § 66-30A.
C. 
Each person who owns a multifamily unit or nonresidential unit that does not receive services under the contract shall provide:
(1) 
Recycling containers at easily accessible locations for source separation of designated recyclable materials:
(2) 
Written instructions to all persons occupying each multifamily unit and nonresidential unit to ensure that all designated recyclable materials are source-separated.
(3) 
Collection and transportation of source-separated designated recyclable materials at a frequency of not less than once per month.
D. 
Each person who owns or occupies a multifamily unit or nonresidential unit shall source-separate and prepare leaves for collection in accordance with the municipality's policies and procedures.
A. 
Each person who owns or occupies a residential unit shall source-separate the following recyclable materials:
(1) 
Clear glass.
(2) 
Colored glass.
(3) 
Aluminum.
(4) 
Steel and bimetallic cans.
(5) 
Newsprint.
(6) 
Yard waste.
(7) 
Tires.
(8) 
White goods.
B. 
Each person who owns or occupies a multifamily unit shall source-separate the following recyclable materials:
(1) 
Clear glass.
(2) 
Colored glass.
(3) 
Aluminum.
(4) 
Steel and bimetallic cans.
(5) 
Newsprint.
(6) 
Yard waste.
(7) 
Tires.
(8) 
White goods.
C. 
Each person who owns or occupies a nonresidential unit shall source-separate the following recyclable materials:
(1) 
Clear glass.
(2) 
Colored glass.
(3) 
Aluminum.
(4) 
Steel and bimetallic cans.
(5) 
Newsprint.
(6) 
Yard waste.
(7) 
High-grade office paper.
(8) 
Corrugated cardboard.
(9) 
Tires.
(10) 
White goods.
A. 
With respect to contract waste and designated recyclable materials other than leaves generated at residential units, no person other than the contractor shall collect, transport, store, process or dispose of such waste. With respect to regulated municipal waste or designated recyclable materials other than leaves which are generated at multifamily units or nonresidential units, no person other than a licensed hauler shall collect, transport, store, process or dispose of such waste. Collection of leaves will be arranged by the municipality in accordance with the municipality's policies and procedures. 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 submit to the municipality, on forms provided by the municipality, monthly reports concerning the sources, types, weight, etc., of materials collected.
B. 
No person who generates, owns or possesses designated recyclable materials or regulated municipal waste shall, by contract for collection services or otherwise, cause, permit or assist in the collection, transportation, storage, processing or disposal of such waste by any person other than the contractor, with respect to contract waste or designated recyclable materials other than leaves generated at residential units, and a licensed hauler, with respect to regulated municipal waste other than contract waste generated at residential units and regulated municipal waste or designated recyclable materials other than leaves generated at multifamily units or nonresidential units.
C. 
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 this Subsection C.
D. 
Notwithstanding the provisions of Subsections A and B above, any person who occupies a residential unit may transport to a facility the regulated municipal waste and designated recyclable materials which were generated at such person's residence.
E. 
All regulated municipal waste and designated recyclable materials generated or collected in the 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.
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 the municipality's guidelines) on the property on which such waste was generated.
Fees for services provided by the municipality shall be charged to all residential units within the municipality. The amount of fees and the schedule for payment of fees shall be as published from time to time by the municipality.
From the time of placement for collection of any designated recyclable materials other than leaves, all such designated recyclable materials shall be the property of the generator 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. 
Nothing in this article shall be construed to impair the obligations of any existing contract.
B. 
No renewal or modification of any existing contract and no new contract for the storage, collection, transportation, processing or disposal of regulated municipal waste or designated recyclable materials shall be entered into after the effective date of this article unless such renewal or modification or new contract shall conform to the requirements of this article and the municipality's policies and procedures.
C. 
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this § 66-35 shall provide for collection services to be performed after the commencement date for contract waste or designated recyclable materials generated at residential units. This provision shall not apply to the contract between the municipality and the contractor. With respect to any contract which violates this Subsection C, such contract shall be deemed void and the hauler that is a party to such contract shall reimburse to the applicable residential units any funds which have been paid for such collection services and shall not collect or attempt to collect any funds for such collection services.
A. 
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) 
Application procedures, fees, standards and conditions for licenses;
(2) 
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) 
Any other matters deemed necessary or convenient by the municipality.
B. 
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.
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 conviction thereof in a summary proceeding, be sentenced for each violation to pay a fine of not more than $300 and costs of prosecution and, in default of the payment of such fine and costs, to undergo imprisonment for not more than three days. Each violation of any provision of this article or of any provision of the municipality's policies and procedures, and each day that such a violation shall exist, shall constitute a separate violation and offense.
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," "residential unit," "multifamily unit" and "nonresidential unit" shall include officers and directors of any corporation or other legal entity having officers and directors, and refer to and impose joint and several liability upon both the persons residing in or occupying any such residential, multifamily or nonresidential units and the owner, landlord, condominium owner's association and/or agent of an owner, landlord or condominium owner's association of such premises.
In addition to any other remedy provided in this article, the 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 provided under this article or the municipality's policies and procedures, or available at law or equity.
This article is in addition to, and not in lieu of, Ord. No. C-17, adopted and approved 4-9-1963; Ord. No. C-93, adopted 4-29-1969 and approved 5-9-1969; Ord. No. C-125, adopted 9-28-1971 and approved 10-1-1971; Ord. No. C-138, adopted and approved 3-27-1973; Ord. No. C-224, adopted and approved 10-31-1978; and Ord. No. C-305, adopted and approved 12-30-1986.