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, which are incorporated into this article by reference. 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.
Bags which LCSWMA makes available to generators of Municipal Waste and which shall be used as disposal containers for batteries which are generated in households.
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.
The date upon which the current and subsequent municipal contract collection services begin.
Designated 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 process by which solid organic waste is biologically decomposed under controlled aerobic or anaerobic conditions to yield a humus-like product.
A portion of Municipal Waste resulting from the construction or demolition of buildings and other structures, including wood, plaster, drywall, and wall board, metals, asphaltic substances, bricks, block, and unsegregated concrete. The term also includes street sweepings and Non-Friable Asbestos Waste. The term does not include the following if they are separated from other Waste and used as clean fill:
The person providing municipal contract waste and designated recyclable materials collection services under the municipal contract.
Unbleached, unwaxed kraft paper that is formed into layers with a fluted medium and manufactured into shipping boxes and related products.
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 § 222-42 of this article.
Any municipal contract for the storage, collection, transportation, processing or disposal of regulated municipal waste or designated 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 number of refuse containers per collection site limit in the municipal contract.
A label which must be affixed to tires, white goods, oversized refuse items, and extra refuse containers in order for such items to be collected by the contractor.
Any specific site designated or approved by LCSWMA as the specific place or site 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 being designated by LCSWMA, any approved site for the delivery of any category of solid waste or source-separated recyclable materials.
A tract of land containing 10 or more acres which is used for agricultural purposes, which agricultural activities provide the major and primary source of income to the residents of the tract.
A person who produces or creates any solid waste.
Garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or a combination of these factors, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:
The term does not include:
Coal refuse as defined in the Coal Refuse Disposal Control Act (52 U.S.C.A. §§ 30.51-30.62);
Treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law (35 P.S. §§ 691.1691.1001);
Solid or dissolved material in domestic sewage;
Solid dissolved materials in irrigation return flows;
Industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1342); and
Source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).
Desktop-generated paper limited to white ledger, copy paper, and computer printout (CPO).
A portion of Municipal Waste that would be considered hazardous under Act 97 but for the fact that it is produced in quantities smaller than those regulated as hazardous waste under Act 97 and is generated by persons not otherwise covered as hazardous waste generators by Act 97. Household hazardous waste includes the following materials and other materials of a similar nature:
Anti-freeze.
Batteries.
Chlorinated hydrocarbons.
Fluorescent light bulbs and other mercury-containing devices.
Gasoline and kerosene.
Grease and rust solvents.
Oven, toilet, and drain cleaners.
Paints, rust preventatives, wood preservatives and stains.
Pesticides, fungicides, herbicides insecticides, rodenticides, roach and ant killers.
Photographic and pool chemicals.
Thinners, solvents, and furniture strippers.
Transmission and brake fluids.
Used oil or other hydrocarbon-based lubricants.
Wood, metal, rug, and upholstery cleaners and/or polishes.
The Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act,[3] as amended.
Any facility owned or operated by or on behalf of LCSWMA.
A form supplied by LCSWMA to be completed and signed by each person who collects or transports solid waste or source-separated recyclable materials and which specifies, inter alia,
A property with four or more residential units, including without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks, excluding farms.
The agreement between the Municipality and a permitted collector under which collection services are to be provided to residential units for municipal contract waste and for designated recyclable materials.
Those portions of regulated municipal waste which are to be collected and disposed of under this municipal contract. Municipal contract waste consists exclusively of refuse and oversized refuse items.
Lancaster Township.
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 on-site collection or storage of regulated municipal waste within the Municipality. (Reference Resolution No. 2003-05.[4])
Paper that has been used for the production of daily, weekend and special edition publications, commonly known as "newspapers."
A portion of Municipal Waste consisting of materials which cannot be handled by LCSWMA's normal processing or disposal methods. Nonprocessable waste includes items greater than six feet in any dimension such as mattresses, large furniture, and recreational vehicles. Nonprocessable waste (oversized) may consist of large auto parts, machines, and any other items deemed appropriate by LCSWMA.
All commercial, municipal and institutional establishment, all community activities and all farms, excluding residential units and Multifamily units.
A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
Refuse which will not fit into refuse containers, but which is not nonprocessable waste, including small furniture, carpet, portable televisions and the like, but excluding tires and white goods.
A person/company who is in possession of all pertinent permits and licenses which may be required by the Municipality and LCSWMA for the collection, storage, or disposal of solid waste or recyclable materials.
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: #1 PETE (such as soda bottles) and #2 HDPE (such as milk, spring water, and detergent bottles).
A portion of Municipal Waste consisting of organic waste materials, which due to biological decomposition are, or have a tendency to be, rotten, foul, or odorous, including dead animals and spoiled foods, but not including sludge.
Any material which would be regulated municipal waste but for source separation and which will be processed into raw materials or products that are beneficially reused.
The separation, collection, recovery and sale or reuse of metals, glass, paper, yard waste, plastics, and other materials that would otherwise be disposed of or processed as solid waste, or the mechanized separation and treatment of solid waste and creation and recovery of reusable materials.
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.
That portion of regulated municipal waste except:
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.
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.
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 community activities, and any sludge meeting the definition of "residual waste" 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 or unacceptable waste.
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 municipal contract.
Any garbage, refuse, other discarded material or other Waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term does not include coal refuse as defined in the Coal Refuse Disposal Control Act, or treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law.[5]
The removal of designated recyclable materials in violation of § 222-46 of this article.
A system where recyclable materials, commonly fibers and glass, metal and plastic containers, are collected and processed together.
Any waste, including but not limited to Municipal, Residual, or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
The process of separating or the separation of designated 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."
Any pneumatic rubber automobile, truck, or farm implement tire.
The following types of solid waste are unacceptable waste unless approved by LCSWMA on a case-by-case basis:
Chemotherapeutic Waste.
Drums, barrels, buckets, and paint cans unless lids have been removed and interiors are cleaned and free of any residue.
Explosives and Ordnance Materials.
Gas cylinders, unless empty and delivered separate from other solid waste.
Hazardous waste.
Infectious/Pathological Waste.
Radioactive Materials.
A portion of regulated municipal waste consisting of large appliances, including the following: clothes washers, clothes dryers, dishwashers, freezers, refrigerators, stoves, ovens, hot water heaters, air conditioners, dehumidifiers, furnaces and electrical heaters.
All garden residues, leaves, shrubbery, tree trimmings (two inches in diameter or smaller), grass clippings, and sod.
Thirty gallon biodegradable kraft bag provided by the municipality for placement of yard waste.