[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:
The Solid Waste Management Act, Act of July 7, 1980, P.S.
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.
January 1, 1990, 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 purpose of collection.
Events that are sponsored by public or private agencies or
individuals, including but not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
The 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.
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.
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.
Those source-separated recyclable materials designated in § 66-30 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
containers per collection site limit.
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:
Is in possession of all applicable local, state
and federal permits;
Is operating in accordance with all applicable
local, state and federal laws and regulations; and
Provides LCSWMA with such data and information
as LCSWMA requests, including, without limitation:
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;
In the case of source-separated recyclable materials,
proof that all such materials received at the site are, in fact, recycled.
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.
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.
Lancaster County Solid Waste Management Authority, a municipal
authority organized and existing under the Municipality Authorities
Act of 1945, as amended.[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 seven or more residential units, including,
without limitation, apartment complexes, condominium complexes, retirement
homes and mobile home parks, excluding farms.
The Borough of Lititz.
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.
Paper which has been used for the production of daily, weekend
and special edition publications commonly known as "newspapers."
All commercial, municipal and institutional establishments,
all community activities and all farms, excluding residential units
and multifamily units.
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.
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 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.
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 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.
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, grass clippings, shrubbery and tree
prunings less than 1/4 inch in diameter and similar material, but
excluding leaves.
All persons within the municipality shall source-separate
designated recyclable materials.
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.
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.
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.
