[Adopted 5-3-2004 by Ord. No. 351]
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 the following meanings:
- 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.
- ACT 97
- The Solid Waste Management Act, Act of July 7, 1980, P.S. 380, No. 97, as now or hereafter amended.
- 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
- 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.
- COMMENCEMENT DATE
- May 1, 2004, the date upon which the Municipality's recycling program and Permitted Collector program begin.
- Designated Recyclable Materials:
- 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.
- The process by which solid organic waste is biologically decomposed under controlled aerobic or anaerobic conditions to yield a humus-like product.
- The correct location for the placement of Refuse Containers and Recycling Containers for the purpose of collection by the Permitted Collector, which shall be:
- A Person who independently contracts with a Permitted Collector for the collection of Regulated Municipal Waste and Designated Recyclable Materials.
- DESIGNATED RECYCLABLE MATERIALS
- Those Recyclable Materials designated in § 337-27 of this article for Source Separation.
- EXISTING CONTRACT
- Any contract for the storage, collection, transportation, processing or disposal of Regulated Municipal Waste or Designated Recyclable Materials generated or located within the Borough of Quarryville which:
- 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.
- 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.
- 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:
- B. The term does not include:
- (1) Coal refuse as defined in the Coal Refuse Disposal Control Act (52 U.S.C. §§ 30.51 through 30.62);
- (2) 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. §§ 691.1 through 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. § 1342); or
- (6) Source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011 through 2394).
- The Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act, as amended.
- LCSWMA FACILITY
- 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:
- MULTIFAMILY UNIT
- A property which contains four or more residential units, including, without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks, excluding farms.
- The Borough of Quarryville.
- MUNICIPALITY'S POLICIES AND PROCEDURES
- The rules and regulations adopted and revised from time to time by the Borough of Quarryville which govern and pertain to:
- 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.
- OPEN BURNING
- A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
- PERMITTED COLLECTOR
- A Person who is in possession of all pertinent permits and licenses which may be required by:
- 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 consists of two types of containers, namely: #1 PETE (such as soda bottles) and #2 HDPE (such as milk, spring water, and detergent bottles).
- RECYCLABLE MATERIALS
- Any material which would be Regulated Municipal Waste but for Source Separation and which will be processed into raw materials or products or which are beneficially reused.
- 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 and Nonresidential Units, the term "Recycling Container" shall refer to a receptacle which is constructed of plastic, metal or fiberglass and has adequate strength for lifting.
- REFUSE CONTAINER
- A container which is:
- REGULATED MUNICIPAL WASTE
- Any Solid Waste generated or collected within the Borough of Quarryville which is garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous materials, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not 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 building containing three or fewer dwelling units, excluding Farms.
- 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:
- 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."
- 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:
- A. Chemotherapeutic Waste;
- B. Drums, barrels, buckets and paint cans unless lids have been removed and interiors are cleaned and free of any residue;
- C. Explosives and Ordnance Materials;
- D. Gas cylinders, unless empty and delivered separate from other Solid Waste;
- E. Hazardous Waste;
- F. Infectious/Pathological Waste; and
- G. Radioactive Materials.
- 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.
Collection and recycling.
No Person other than a Permitted Collector shall collect on-site Regulated Municipal Waste or Designated Recyclable Materials generated in any Residential Unit or Multifamily Unit, except that a Person may collect such Waste or Recyclable Materials which were generated at such Person's residence.
Each Permitted Collector who provides regularly scheduled service for the collection of Regulated Municipal Waste from a Residential Unit or Multifamily Unit shall also collect Designated Recyclable Materials from such Residential Unit or Multifamily Unit. Each Permitted collector shall establish, and notify each Customer, of procedures for the Source Separation, segregation and packaging of Regulated Municipal Waste and Designated Recyclable Materials. Such procedures shall permit commingling of all Aluminum, Clear Glass, Colored Glass, Steel Cans, and Plastics, in a single Recycling Container. Newsprint shall either be bagged or bundled in accordance with instructions from the Permitted Collector, to the Customer. Each Permitted Collector shall schedule collections for Tires and White goods at least once annually and shall give Customers at least thirty-day advance notice of the schedule for such collections.
Each Permitted Collector shall complete monthly LCSWMA manifests, as required, reporting the amount of Regulated Municipal Waste and Designated Recyclable Materials collected in the Borough of Quarryville. Each Permitted Collector shall submit copies of LCSWMA manifests to the Borough of Quarryville upon request.
The schedule for collection of Regulated Municipal Waste and Designated Recyclable Materials shall be as specified in the Borough of Quarryville's Policies and Procedures.
Recycling Containers for Residential Units will be provided by the Borough of Quarryville which shall retain title to all such Recycling Containers. Permitted Collectors shall distribute Recycling Containers to all of their Residential Unit and Multifamily Unit Customers in accordance with guidelines to be established by the Borough of Quarryville.
All regulated Municipal Waste and Designated Recyclable Materials generated or collected in the Borough of Quarryville shall be delivered 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 Permitted Collector who collects or disposes of Regulated Municipal Waste or Designated Recyclable Materials shall, by contract or otherwise, cause, permit or assist in the storage, collection, 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 B(2).
Each Permitted Collector shall give written notice to each Customer of such Permitted collector's obligations under this article and particularly the requirement to offer collection services for Designated Recyclable Materials.
Each Permitted collector shall collect and deliver separately, to a LCSWMA Facility battery dropoff location, all Battery Bags placed at Curbside by Residential units.
All Persons who desire to collect, store, process or dispose of Regulated Municipal Waste or Designated Recyclable Materials within the Borough of Quarryville shall obtain a collection permit from the Borough of Quarryville prior to performance of any such activities.
Every Person desiring a collection permit under this article shall make application to the Borough of Quarryville. Such application shall include the name and address of the Person making application, proof of a valid license issued by LCSWMA and the Commonwealth of Pennsylvania, identification of other municipalities which have permitted that Person, and whether any licenses or permits have been revoked by LCSWMA or any other municipality which requires permitting of haulers. The Borough of Quarryville may establish an annual collection permit fee set by Ordinance or Resolution.
Applicants for a collection permit to operate as a Permitted Collector within the Borough of Quarryville shall demonstrate that:
A valid license has been issued by LCSWMA to the applicant.
Applicant's operation is in conformity in all respects with the rules and regulations of the Pennsylvania Department of Environmental Protection (PADEP), LCSMA, and all Borough of Quarryville Ordinances and the Borough of Quarryville Policies and Procedures.
Regulated Municipal Waste and Designated Recyclable Materials shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vectors, or the creation of other nuisances.
All disposal of Regulated Municipal Waste other than Designated Recyclable Materials shall be at a Facility.
All Designated Recyclable Materials shall be recycled and shall not be disposed of as Regulated Municipal Waste.
Insurance shall be obtained for the applicant's proposed operation in the Borough of Quarryville. A certificate of insurance demonstrating limits as follows:
All equipment to be used has been properly licensed and inspected, and all operators have valid operator's licenses for the class of vehicle operated.
All Borough of Quarryville collection permits shall be issued for a period of one year or longer. There will be no proration of collection permit fees assessed in the event a permit is held for less than a full year. The Borough of Quarryville's Policies and Procedures may designate a sticker or other mechanism to be affixed to all collection equipment in order to verify that the equipment is properly permitted.
Collection permits may be suspended or revoked by the Borough of Quarryville at any time for just cause. Just cause shall include, but not be limited to, where the Permitted Collector:
Fails to maintain a valid license issued by LCSWMA and/or the Commonwealth of Pennsylvania;
Violates any of the provisions of this article or the Borough of Quarryville's Policies and Procedures;
Improperly disposes of Designated Recyclable Materials or Regulated Municipal Waste;
Fails to perform in good faith all the covenants of any agreement entered into with Customers.
Any Person who has been denied a collection permit or whose collection permit has been suspended or revoked may appeal the denial, suspension or revocation to the Borough of Quarryville. Such appeal shall be made in writing within 10 days after such decision has been made. The appeal shall be verified by an affidavit and shall be filed with the Borough of Quarryville Secretary. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. The appeal shall be accompanied by the appeal fee established by resolution or ordinance of the Borough of Quarryville, and no appeal shall be considered complete without the payment of the appeal fee. A prompt decision on such appeal shall be made by the Borough of Quarryville.
Collection permits are not transferable to any other Person.
Each Person who owns or occupies a Residential Unit or Multifamily Unit is encouraged to Source Separate Designated recyclable Materials from Regulated Municipal Waste separated at such Residential or Multifamily Unit. Each Person who elects to provide proper collection and disposal of Regulated Municipal Waste and Designated Recyclable Materials generated at such Residential Units or Multifamily Units by either:
Each person who owns a Multifamily Unit is encouraged to:
Provide Recycling Containers at easily accessible locations for Source Separation of Designated Recyclable Materials;
Provide written instructions to all Persons occupying each Multifamily Unit to ensure that all Designated Recyclable Materials are Source-Separated; and
Provide collection and delivery to a Facility of Source-Separated Designated Recyclable Materials at a frequency of not less than once per month.
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 to the extent and in the manner provided in the Borough of Quarryville's Policies and Procedures on the property on which such Yard Waste was generated.
No Person shall process or dispose of any Designated Recyclable Materials through Open Burning.
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 collection. 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.
Nothing in this article shall be construed to impair the obligations of any existing contract.
No renewal or modification of any Existing Contract, and no new contract for the storage, on-site collection, 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 Borough of Quarryville's Policies and Procedures.
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this § 337-30 shall provide for on-site collection services for Regulated Municipal Waste to be performed after the Commencement Date unless on-site collection services are also offered for Designated Recyclable Materials. With respect to any contract which violates this article, such contract shall be deemed void and the Permitted Collector that is a party to such contract:
The Borough of Quarryville shall have the power to issue the Borough of Quarryville's Policies and Procedures governing all matters set forth in this article and any other related matters be necessary or convenient by the Borough of Quarryville. The Borough of Quarryville's Polices and Procedures shall be effective when adopted by the Borough Council. The Borough of Quarryville shall have the power to establish record and reporting requirements, and standards and procedures for the issuance, administration and revocation of collection permits, as deemed necessary including, without limitation:
Application procedures, fees, standards and conditions for collection permits;
The fixing of a monetary bond, with or without surety, to secure the compliance by any Permitted Collector with any such requirements, standards or procedures; and
Any other matters deemed necessary or convenient by the Borough of Quarryville.
In the event of suspension or revocation of any license or permit which is issued by the Borough of Quarryville or LCSMA, the Person whose collection permit 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. All unlawful conduct shall also constitute a public nuisance.
Any Person violating any provision of this article, shall, upon conviction thereof in a summary proceeding, be sentenced for each violation to pay a fine of not more than $600 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, 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 Borough of Quarryville's Policies and Procedures, and or purposes of any fine, penalty, imprisonment or other sanction, the terms "Person," "Residential Unit" and "Multifamily 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 person residing in or occupying any such Residential or Multifamily 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 Borough of Quarryville may institute proceedings to restrain any violation of, or to require compliance with, this article.
The existence or exercise of any remedy provided by this article shall not prevent the Borough of Quarryville from exercising any other remedy available at law or equity.
The provisions of this article are severable, and if any section, sentence, clause, part or provision hereof shall be held to be illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this article. It is hereby declared to be the intent of the Borough of Quarryville that this article would have been enacted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.