Borough of Quarryville, PA
Lancaster County
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[Adopted 1-7-1974 by Ord. No. 185]
A. 
Title. This article shall be known as the "Solid Waste Management Ordinance."
B. 
Declaration of policy. It is hereby declared that this municipality accepts the responsibility for the collection, transportation, processing and disposal of solid wastes within its boundaries and, for that purpose, declares that this article is to coordinate and to regulate the storage, collection, transportation, processing and disposal of all solid waste materials in order to protect the public safety, health and welfare of this municipality.
C. 
Definitions. The following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
BULK CONTAINER
A container not intended to be moved or, if moved, transported by vehicle for purposes of disposal.
COMMERCIAL ESTABLISHMENT
Businesses such as offices, stores, markets, theaters, hospitals and other institutional buildings.
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish and fowls, fruits, vegetables and parts thereof, and other articles and materials ordinarily used for food which have become unfit for such use or which are for any reason discarded.
PERSON
Every natural person, firm, corporation, partnership, association, or institution.
REFUSE or SOLID WASTE
A general term and shall mean all matter and materials which are discarded or rejected by the owners or producers thereof as offensive or useless, or which by their presence or accumulation may injuriously affect the health, comfort and safety of the community; it shall include ashes, garbage, rubbish and other refuse materials, but exclude human body waste.
RUBBISH
Leaves, branches, trees, sawdust, chips, shavings, wood, woodenware, paper, printed matter, boxes, leather, rags, grass, straw, manure and all solid combustible matter not included in this section under the term "garbage."
VECTOR
An insect or other organism that transmits a pathogenic fungus, virus, etc.
D. 
Responsible agency. The governing body of this municipality shall be responsible for all aspects of solid waste management within the municipality; except, however, that this governing body may, by official act, designate along with adjoining municipalities a common responsible agency to function on its behalf.
The responsible agency shall have the following functions and powers:
A. 
Regulate and control the collection, storage, transportation, processing and disposal of all solid waste materials in accordance with a plan approved by the Pennsylvania Department of Environmental Protection.
B. 
Cooperate with other local units of government in close proximity and with appropriate private organizations in carrying out its duties under this article.
C. 
Adopt such rules, regulations, standards and procedures as shall be necessary to conserve the air, water and land resources of the municipality, protect the public health, prevent public nuisances, and enable it to carry out the purpose and provisions of this article.
D. 
Issue permits and orders and conduct such inspections as may be necessary to implement the provisions of this article or to delegate to proper persons or organizations such power.
E. 
To contract with any person, other municipality, or organization to carry out their responsibilities for all or any part of the collection, transportation, processing and disposal of solid wastes.
A. 
General.
(1) 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness and public nuisances.
(2) 
A sufficient number of containers shall be provided to contain all waste materials generated during periods between regularly scheduled collection as may be necessary to meet the requirements of Subsection A(1) of this section.
(3) 
All storage practices shall conform to the rules and regulations promulgated under the Pennsylvania Solid Waste Management Act[1] or this article, whichever is more strict.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B. 
Individual containers and bulk containers.
(1) 
Individual containers utilized for the storage of solid waste at household and other premises shall have the following physical characteristics:
(a) 
Constructed of durable, watertight, rust-resistant material having a close-fitting lid and handles to facilitate collection.
(b) 
Containers for residences shall be of not less than 20 gallons nor more than 35 gallons in capacity, except that one container per residence under the minimum size will be permitted. Containers for commercial establishments shall not exceed 40 gallons in capacity.
(2) 
Methods of use of individual containers.
(a) 
Containers shall not be filled so that the lid cannot fit properly.
(b) 
The area around the containers shall be kept clean (including bulk containers).
(c) 
The accumulation or residue of liquids, solids or a combination thereof shall not be permitted on the bottom or sides of containers.
(3) 
Bulk containers shall conform to all requirements for individual containers except size.
C. 
Disposable containers. Disposable containers such as paper and polyethylene bags shall be acceptable for storage of solid waste, provided the following conditions are met:
(1) 
Only those bags specially designed for storage and collection shall be used.
(2) 
Bags shall be protected against precipitation, animal damage and over loading to prevent littering or attracting of vectors.
(3) 
Bags shall have a holding strength capable of withstanding stresses until they are collected.
(4) 
Bag openings shall be securely closed prior to setting out for collection.
D. 
Preparation of refuse.
(1) 
All refuse shall be drained free of liquids before storage.
(2) 
Garbage shall be wrapped in paper or similar material.
(3) 
All cans, bottles or other food containers shall be rinsed free of food particles and drained before storage.
(4) 
Rubbish shall be placed in approved containers or cut and baled, tied bundles, stacked or packaged so as not to exceed 48 inches in length and 50 pounds in weight, where possible.
E. 
Storage of refuse.
(1) 
Each householder, commercial establishment or person having refuse, shall provide himself with approved refuse containers and shall place and keep all refuse therein; except for wastes of nondecomposable nature and bulky items (examples: bundled newspapers, magazines, packing cases and materials, junk automobiles, machinery, tree prunings, yard trimmings, etc.), which shall be stored in tightly secured bundles of such size to be readily handled at time of collection and so as to minimize litter.
(2) 
Bulky items shall be stored so that collection of water and harborage of rodents are prevented.
(3) 
Containers shall be stored on the owner's property.
A. 
General.
(1) 
Solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
(2) 
All collection practices shall conform to the rules and regulations promulgated under the Pennsylvania Solid Waste Management Act[1] or this article, whichever is more strict.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
(3) 
In the event this municipality contracts with other parties for collection, the practice of such other party shall conform to this article.
B. 
Place of collection.
(1) 
Refuse containers shall, for the purpose of collection, be placed at ground level and be made readily acceptable to the collector. They shall be placed at the curb or curbline at such time as shall be designated for collection.
(2) 
Notwithstanding the provisions of Subsection B(1), householders, commercial establishments or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.
C. 
Frequency of collection. Refuse shall be collected in accordance with the following schedule, and in the event this municipality has not made a contract for a collection, it shall be the duty of the producer of the refuse to make arrangements to have his refuse collected in accordance with this schedule:
(1) 
A minimum of once weekly throughout the year.
(2) 
Hotels, restaurants, institutions and commercial establishments shall have daily collection in the event the refuse contains any substantial amount of decomposable material.
D. 
Permits for collectors. No person shall collect, remove, haul, or convey any refuse other than that produced by himself through or upon any of the streets or alleys of this municipality or dispose of the same in any manner or place without obtaining a permit for each vehicle so used from the responsible agency or its designee.
(1) 
Refuse may be disposed of on premises owned or leased by the producer of the refuse provided it is done in a safe, sanitary and nuisance-free manner and in compliance with all applicable ordinances, statutes and rules and regulations.
(2) 
The fee for such permit shall be $25 per vehicle per year and all permits shall be issued for the calendar year or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a permit issued after the beginning of the calendar year.
(3) 
Every person who shall apply for a permit under this section shall state the type or types of refuse to be collected, the manner of collection, and the place and method of disposal.
(4) 
No permit shall be granted if any of the items mentioned in Subsection D(3) above shall not conform to the requirements of this article or any applicable ordinance, statute, rule or regulation.
E. 
Construction of collection and transportation equipment.
(1) 
Collection and transportation equipment shall be designed and constructed so as to be leakproof, easily loaded, readily emptied and easily cleanable.
(2) 
The waste shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vectors or creation of other nuisances.
(3) 
All vehicles used for the collection or disposal of refuse shall have enclosed bodies or shall have the body covered with a tarpaulin or canvas cover.
(4) 
All vehicles used for the collection or disposal of garbage, or of refuse containing garbage, shall have watertight, metal or metal-lined bodies of easily cleanable construction, shall be cleaned at sufficient frequency to prevent nuisance or insect breeding and shall be maintained in good repair.
(5) 
The name of the owner of the vehicle and its permit number under Subsection D shall be displayed in a prominent and legible manner on both sides of all vehicles used principally for transportation of ashes, garbage, rubbish and other refuse materials in this municipality.
F. 
Care and maintenance of vehicles. Collection and transportation vehicles shall be kept in a clean and sanitary condition.
G. 
Special collections.
(1) 
Bulky items, appliances, furniture and other solid waste which cannot be collected during regularly scheduled pickups shall be collected as frequently as necessary.
(2) 
Hazardous materials shall be collected as follows:
(a) 
Chemicals, poisons, explosives, radiological wastes and other hazardous materials shall not be collected with regular pickups.
(b) 
Hazardous wastes shall not be allowed to accumulate in violation of § 337-3A.
(c) 
Collection and transportation of hazardous materials shall be in accordance with the requirements of state and federal regulatory controls.
H. 
Disposal. All solid waste collected shall be transported to a processing or disposal site approved by the regulatory agency having jurisdiction.
All refuse disposal shall be at a site approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania, except refuse referred to in § 337-4D(1).
It shall be unlawful for any person to:
A. 
Deposit, dump, spill, throw, place or bury or permit another to deposit, dump, spill, throw, place or bury in or upon any parcel of land, lot, street, highway, gutter or in any alley or in any water or stream or in any quarry or ditch within the limits of this municipality, except as provided for in § 337-5, any solid waste material; provided, however, that this prohibition shall not apply in the following situations:
(1) 
Refuse disposed of on premises owned or leased by the producer of the refuse, provided it is done in a safe, sanitary and nuisance-free manner and in compliance with applicable ordinances.
(2) 
Manure, fertilizer and refuse used as fertilizer in farming or gardening.
(3) 
Dead household pets interred in places set apart for that purpose.
(4) 
Soil, earth, sand, clay, gravel, loam, ashes, slate, stones, bricks, plaster, cement, leaves, branches, trees, sawdust, chips, shavings, wood, grass, straw and corn fodder when used as fill, provided it is done in a safe, sanitary and nuisance-free manner.
B. 
Permit collector without a permit to collect or remove refuse from a household institution or commercial enterprise.
C. 
Permit the accumulation or residue of liquids, solids or a combination of such material on the bottom or sides of containers.
D. 
Collect or transport or convey refuse in nonconforming vehicles.
E. 
Scavenge any materials delivered and deposited for disposal.
F. 
Salvage or reclaim any solid wastes except at a properly permitted facility in which salvage is an integral part of the operation.
G. 
Make refuse available for animal consumption unless such refuse has been heat-treated to kill any disease agent therein.
H. 
Use, maintain, or operate an open dump.
I. 
Burn any solid waste except in accord with applicable ordinances and statutes.
J. 
Allow any abandoned vehicle to remain more than 48 hours upon any public property or on private property with an expired vehicle license (salvage yards, specially licensed historical vehicles, and those vehicles screened from sight shall not be considered abandoned).
A. 
Requirements for permits.
(1) 
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.
(2) 
No collector shall use any vehicle for collection of waste material without a valid permit from the responsible agency or its designee.
B. 
Inspection procedures.
(1) 
All containers, vehicles, equipment, books and records of applicants and permittees are subject to inspection by the responsible agency or its authorized agents at any reasonable hour without prior notice.
(2) 
Vehicles and equipment shall be inspected by the responsible agency or its authorized agent before being put into operation and during operation.
(3) 
If violations of this article are discovered in the course of these inspections the responsible agency on its own or after report to it by its duly authorized agent, may proceed with prosecution under this article or may petition the Court of Common Pleas of Lancaster County for an injunction, either mandatory or prohibitive, to enforce this article.
C. 
Penalties. Any person who violates a provision of this article is guilty of a misdemeanor which is punishable, upon conviction, by a fine not exceeding, $500 or by imprisonment for a period not exceeding 30 days or both. Each day of violation is a separate and distinct offense.
D. 
Effective date. This article shall be effective March 4, 1974.