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:
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97, as now or hereafter amended.
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.
ALUMINUM
All food and beverage cans made of the light-in-weight, ductile
and malleable metallic substance or element commonly known as "aluminum."
This description excludes aluminum foil, trays, plates, and miscellaneous
aluminum products.
BATTERY BAGS
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
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
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.
COMMENCEMENT DATE
The date upon which the current and subsequent Municipal
Contract collection services begin.
COMMINGLED
Designated Recyclable Materials:
A.
Which have been segregated from Regulated Municipal
Waste but which have not been separated into different types of Recyclable
Materials; and
B.
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.
COMPOSTING
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humuslike product.
CONSTRUCTION/DEMOLITION WASTE
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 nonfriable asbestos waste. The term does not include the following
if they are separated from other Waste and used as clean fill:
A.
Uncontaminated soil, rock, stone, gravel, brick,
block, concrete, and used asphalt.
B.
Waste from land clearing, grubbing and excavation,
including trees, brush, stumps and vegetative material.
CONTRACTOR
The Person providing Municipal Contract Waste and Designated
Recyclable Materials collection services under the Municipal Contract.
CORRUGATED CARDBOARD
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
CURBSIDE
The correct location for the placement of Refuse Containers
and Recycling Containers for the purpose of collection by the Contractor,
which shall be:
A.
Adjacent to the Residential Unit; and
B.
No more than five feet from the public street
used by collection vehicles.
EXISTING CONTRACT
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:
A.
Was legally entered into prior to the effective
date of this article; and
B.
When entered into was legally enforceable.
EXTRA REFUSE CONTAINERS
Refuse Containers which are in excess of the number of Refuse
Containers per collection site limit in the Municipal Contract.
EXTRA SERVICE TAG
A label which must be affixed to Tires, White Goods, Oversized
Refuse items, Yard Waste and Extra Refuse Containers in order for
such items to be collected by the Contractor.
FACILITY
Any specific site designated by LCSWMA (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.
FARM
A track 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.
GENERATOR
A Person who produces or creates any Solid Waste.
HAZARDOUS WASTE
A.
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:
(1)
Cause or significantly contribute to an increase
in mortality or morbidity in either an individual or the total population;
or
(2)
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
B.
The term does not include:
(1)
Coal refuse as defined in the Coal Refuse Disposal
Control Act (52 U.S.C.A. §§ 30.51 to 30.62);
(2)
Treatment sludge 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. §§ 691.1
to 691.1001);
(3)
Solid or dissolved material in domestic sewage;
(4)
Solid dissolved materials in irrigation return
flows;
(5)
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); or
(6)
Source, special nuclear, or by-product material
as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011
to 2394).
HOUSEHOLD HAZARDOUS WASTE
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:
C.
Chlorinated hydrocarbons;
D.
Fluorescent light bulbs and other mercury-containing
devices;
F.
Grease and rust solvents;
G.
Oven, toilet and drain cleaners;
H.
Paints, rust preventatives, stains and wood
preservatives;
I.
Pesticides, fungicides, herbicides, insecticides,
rodenticides, roach and ant killers;
J.
Photographic and pool chemicals;
K.
Thinners, solvents and furniture strippers;
L.
Transmission and brake fluids;
M.
Used oil or other hydrocarbon-based lubricants;
and
N.
Wood, metal, rug and upholstery cleaners and
polishes.
KRAFT LEAF BAG
Thirty-gallon biodegradable Kraft Bag provided by the Municipality
to customers for placement of leaves at Curbside during special leaf
collection.
LCSWMA
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act, as amended.
MANIFEST
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.
The source, type, quantity and delivery point
for the Solid Waste or Source-Separated Recyclable Materials;
B.
The applicable license number; and
C.
Other pertinent information.
MULTIFAMILY UNIT
A property with six or more Residential Units, including,
without limitation, apartment complexes, condominium complexes, retirement
homes and mobile home parks, excluding Farms.
MUNICIPAL CONTRACT
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.
MUNICIPAL CONTRACT WASTE
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.
MUNICIPALITY'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to
time by the Municipality which govern and pertain to:
A.
The Municipality's Recycling program; and
B.
The on-site collection or storage of Regulated
Municipal Waste within the Municipality.
NEWSPRINT
Paper that has been used for the production of daily, weekend
and special edition publications commonly known as "newspapers."
NONPROCESSABLE WASTE
Nonprocessable Waste is 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.
NONRESIDENTIAL UNITS
All commercial, municipal and institutional establishments,
all Community Activities and all Farms, excluding Residential Units
and Multifamily Units.
OPEN BURNING
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere, except for cooking fires.
OVERSIZED REFUSE ITEMS
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.
PERMITTED COLLECTOR
A Person who is in possession of all pertinent permits and
licenses which may be required by the Municipality and by LCSWMA for
the collection, storage or disposal of Solid Waste or Recyclable Materials.
PERSON
Any individual, firm, partnership, corporation, association,
institution, or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
PLASTICS
Recyclable Plastics are identified on the bottom of the container
and consist of two types of containers, namely: #1 PETE (such as soda
bottles) and #2 HDPE (such as milk, spring water, and detergent bottles).
PUTRESCIBLE WASTE
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.
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, yard waste, plastics and other materials which
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.
RECYCLING CONTAINER
For Residential Units, the term "Recycling Container" shall
refer to the container supplied by the Municipality. For Multifamily
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
Refuse is that portion of Regulated Municipal Waste except:
A.
Construction/demolition waste;
D.
Household hazardous waste.
REFUSE CONTAINER
A.
A receptacle which is:
(1)
Constructed of plastic, metal, or fiberglass,
having handles of adequate strength for lifting and having a tight-fitting
lid capable of preventing entrance into the container by vectors;
or
(2)
A polyethylene bag which:
(a)
Is specifically designed for storage and collection;
(b)
Is protected against animal damage and overloading
so as to prevent littering or attraction of insects or rodents; and
(c)
Has a holding strength capable of withstanding
normal stresses until it is collected.
B.
With respect to Residential Units, the weight
of a Refuse Container and its contents shall not exceed 30 pounds,
nor shall its capacity exceed 32 gallons.
REGULATED MUNICIPAL WASTE
Any Solid Waste generated or collected within the Municipality
which is garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
material, resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities, and
any sludge 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.
RESIDENTIAL UNIT
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a Multifamily building containing five 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.
RESIDUAL WASTE
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 sludge 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.
SCAVENGING
The removal of Designated Recyclable Materials in violation of §
104-16 of this article.
SINGLE STREAM
A system where Recyclable Materials; commonly fibers and
glass, metal and plastic containers, are collected and processed together.
SOLID WASTE or WASTE
Any waste, including but not limited to Municipal, Residual,
or Hazardous Wastes, including solid, liquid, semisolid or contained
gaseous materials.
SOURCE-SEPARATE or SOURCE SEPARATION
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.
STEEL CANS
The ferrous metal food or beverage containers commonly known
as "tin cans."
TIRES
Any pneumatic rubber automobile, truck, or farm implement
tire.
UNACCEPTABLE WASTE
The following types of Solid Waste are Unacceptable Waste
unless approved by LCSWMA on a case-by-case basis:
B.
Drums, barrels, buckets and paint cans unless
lids have been removed and interiors are cleaned and free of any residue;
C.
Explosives and ordinance materials;
D.
Gas cylinders, unless empty and delivered separate
from other solid waste;
F.
Infectious/pathological waste; and
WHITE GOODS
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.
YARD WASTE
All garden residues, leaves, shrubbery, tree trimmings, grass
clippings, and sod.
All Persons within the Municipality shall Source-Separate
Designated Recyclable Materials generated by such Person or generated
within a Residential Unit or Multifamily Unit occupied by such Person.
Each Person who owns or occupies a Residential
Unit or Multifamily Unit within the Municipality shall ensure that
Regulated Municipal Waste and Designated Recyclable Material generated
at such Residential Unit or Multifamily Unit are collected and disposed
of in accordance with this article, the Municipality's Policies and
Procedures, and LCSWMA Rules and Regulations.
Collection services for Municipal Contract Waste
and for Designated Recyclable Materials shall be provided to Residential
Units by the Contractor. Each Person who owns or occupies a Residential
Unit shall prepare Designated Recyclable Materials and Municipal Contract
Waste for collection in accordance with the Municipality's Policies
and Procedures. With respect to Regulated Municipal Waste which is
not Municipal Contract Waste, Persons who own or occupy Residential
Units shall elect to provide proper on-site collection and disposal
by either themselves delivering such materials to a Facility or utilizing
a Permitted Collector to collect and deliver such materials to a Facility.
[Amended 4-2-2019 by Res. No. 755]
All Persons who own or occupy Residential Units, Multifamily
Units, or Commercial Units shall recycle the following materials:
A. Plastic bottles and jugs with necks. (Remove caps or lids.)
B. Any Colored Glass food or beverage containers.
C. Aluminum and Steel food and beverage cans. (Remove lids.)
D. Corrugated Cardboard boxes flattened (any size). Larger cardboard
that does not fit into a bin should go into the dumpster located at
the Community Center Parking Lot.
Note: All items listed above (including Cardboard) must be in
a bin with the heavier items on top to prevent littering.
E. Yard waste and leaves (put into yard waste/leaf bags and placed at
curb on designated days).
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
adopted by Resolution from time to time by the elected body of the
Municipality. The Municipality's Policies and Procedures may provide
for the amount of annual fees, dates fees are due, interest and penalties
for late payments and provisions for municipal liens and attorneys'
fees for unpaid collection service fees.
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 the Permitted
Collector who has contracted to provide on-site collection, as provided
in the Municipal Contract. It shall be a violation of this article
for any Person, other than such Permitted Collector, to collect or
pick up, or cause to be collected or picked up, any such Designated
Recyclable Materials.
It shall be unlawful for any Person to violate,
or cause or permit or assist in the violation of, any provision of
this article or any provision of the Municipality's Policies and Procedures.
All unlawful conduct shall also constitute a public nuisance.
Any Person violating any provision of this article
or any provision of the Municipality's Policies and Procedures shall,
upon conviction thereof in a summary proceeding, be sentenced for
each violation to pay a fine of not less than $25 or not more than
$50 and costs of prosecution. 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:
A. Include officers and directors of any corporation
or other legal entity having officers and directors; and
B. Refer to, and impose joint and several liability upon,
both the persons residing in or occupying any such Residential, Multifamily
or Nonresidential Units and the owner, landlord, condominium owners'
association and/or agent of an owner, landlord or condominium owners'
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.
Any ordinances which pertain to Regulated Municipal
Waste or Designated Recyclable Materials are hereby repealed to the
extent of any inconsistency with this article.