[HISTORY: Adopted by the Board of Supervisors
of the Township of Mount Joy as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-8-1987 by Ord. No. LXXXVI]
A.
COUNTY
EXISTING CONTRACT
FACILITY
FULL SYSTEM OPERATION OR FULLY OPERATIONAL
LCSWMA
MUNICIPALITY
PERSON
PLAN
POINT OF ENTRY INTO THE SYSTEM
RECYCLING
REGULATED MUNICIPAL WASTE
(1)
(2)
(3)
(4)
(5)
(6)
SOURCE SEPARATION
SYSTEM
TRANSFER FACILITY
The following terms shall have the following meanings
in this article:
The County of Lancaster.
Any agreement or contract fully executed prior to the effective
date of this article for the collection, disposal or transportation
of municipal waste generated within this municipality.
The waste-to-energy incinerator to be constructed by or on
behalf of LCSWMA pursuant to the plan.
That date which is 60 days from the date upon which the county
and other municipalities representing in the aggregate not less than
60% of the population of the county, as determined by the 1980 decennial
census of the United States, execute the intermunicipal agreement
and enact waste flow ordinances.
The Lancaster County Solid Waste Management Authority, its
assigns, its successors in interest and its predecessor in interest,
the Lancaster Area Refuse Authority.
The Township of Mount Joy, a Township of the second class
located within the County of Lancaster, Commonwealth of Pennsylvania.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency or any other entity or any group of such persons which is recognized
by law as the subject of rights and duties. In any provisions of this
article prescribing a fine, penalty, imprisonment or denial or grant
of any license, the term "person" shall include the officers and directors
of a corporation or other legal entity having officers and directors.
The municipal waste management plan for the county adopted
by the county or municipalities therein and approved by the Pennsylvania
Department of Environmental Resources (DER).
Any delivery site within the system designated by LCSWDA
for delivery of regulated municipal waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, yard waste and other materials which would otherwise
become municipal waste.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid or semisolid material resulting
from operation of residential, municipal, commercial or institutional
establishments and from community activities, and any other solid
waste which is within the definition of "municipal waste" set forth
in Section 103 of the Pennsylvania Solid Waste Management Act, Act
of July 2, 1980, P.L. 380, No. 97, 35 P.S. § 60l8.103 (Purdon
Supp. 1985), and which LCSWMA, the county or any contractor ("contractor")
selected by the county or LCSWMA to construct and/or operate a resource-recovery
facility or facilities to be located within the municipal boundaries
of the county by ordinance or regulation is willing to accept at the
facility, but excluding:
Any liquid waste or sludge.
Any waste which is defined by existing or future
federal or state law or regulation as hazardous waste or residual
waste.
Infectious waste, pathological waste or other
waste for which treatment or handling requirements different from
those normally applicable to municipal waste apply.
Polychlorinated biphenyls.
Any waste which may be marketable and which
is intentionally segregated for purposes of recycling.
Materials specifically excluded under applicable
county or LCSWMA ordinances, rules or regulations.
The segregation and collection, prior to delivery to a point
of entry into the system, of materials for the sole purpose of recycling.
The overall solid waste management and disposal system and
every aspect thereof owned or operated by or on behalf of LCSWMA,
including, without limitation, equipment, transfer stations, resource
recovery facilities and landfills owned or operated or to be acquired,
constructed or operated by LCSWMA or any agent, designee or contractor
thereof in implementation of the plan.
Any solid waste facility which is now or hereafter may be
established by LCSWMA or the county for the purpose of accepting solid
waste for processing and economical consolidation for subsequent delivery
to the facility or other solid waste disposal site.
B.
All other words and phrases shall have the same meanings
as set forth in the Pennsylvania Solid Waste Management Act, Act of
July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq.
(Purdon Supp. 1985), as it may hereinafter be amended or supplemented
by legislation regarding municipal waste planning.
A.
Licensing. No person who is not duly licensed by LCSWMA
to deliver waste to the county system may collect or transport municipal
waste located or generated within this municipality. This prohibition
shall become effective 120 days from the effective date of this section
of this article.
B.
Compliance with rules, regulations and ordinances.
In carrying on activities related to solid waste collection or transportation
within this municipality, all municipal waste collectors and all municipal
waste transporters shall comply with all rules, regulations and ordinances
pertaining to the collection, transportation and disposal of solid
waste as may be hereinafter enacted by this municipality or by the
county pursuant to a parallel County Waste Flow Ordinance and all
rules and regulations enacted by LCSWMA pursuant to authority given
it under 53 P.S. § 314 (Purdon 1974 and Purdon Supp. 1985),
as hereafter amended.
C.
Administration. Licenses hereunder shall be issued,
revoked and administered by LCSWMA.
A.
Delivery to LCSWMA/county sites. All municipal waste
collectors and transporters shall deliver and dispose of all regulated
municipal waste collected or generated within the municipality at
a transfer station or disposal facility owned and operated by or on
behalf of LCSWMA, subject to such reasonable regulations for the operation
thereof as may be established by the county or LCSWMA.
B.
Disposal at other sites. Disposal of regulated municipal waste collected or generated within the municipality may occur at other sites only as permitted by rule, regulation, ordinance or order duly issued by the county or by the written agreement of the county, LCSWMA and the municipality. Disposal of regulated municipal waste at an existing facility from sources reflected on the notice to the municipality, the county and LCSWMA as provided in § 110-6C of this article shall be permitted.
C.
Recycling. Nothing herein shall be deemed to prohibit
source separation or recycling or to affect any sites at which source
separation or recycling may take place.
A.
Compliance with county and LCSWMA regulations. The
collection, transportation and disposal of municipal waste present
or generated within the municipality shall be subject to such further
reasonable rules and regulations as may from time to time be promulgated
by the county pursuant to its Waste Flow Ordinance and such rules
and regulations as may be adopted by LCSWMA pursuant to 53 P.S. § 314
(Purdon 1974 and Purdon Supp. 1985), as hereafter amended, including,
without limitation, regulations governing applications and standards
for licensing, fees to be charged for such licensing, the terms of
licenses, procedures, recordkeeping, transportation routes and other
matters.
B.
County authorization to adopt regulations. Rules and regulations adopted by the county pursuant to the parallel County Waste Flow Ordinance to be adopted pursuant to the intermunicipal agreement described in § 110-11 hereof shall be deemed rules and regulations adopted under this article, and the county is hereby authorized to adopt such rules and regulations.
C.
Consistency of regulations with other provisions.
No rules or regulations adopted pursuant to this ordinance shall be
contrary to or less stringent than the provisions of this article,
the plan, the County Waste Flow Ordinance, the Pennsylvania Solid
Waste Management Act[1] or regulations adopted thereunder or such other laws,
regulations or requirements as may be enacted by the United States
of America, the Commonwealth of Pennsylvania, the Pennsylvania Department
of Environmental Resources or the Pennsylvania Environmental Quality
Board governing municipal waste planning, collection, storage, transportation,
processing or disposal.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
A.
Noninterference with existing contracts. Nothing contained
in this article shall be construed to interfere with or in any way
modify the provisions of any existing contract in force in the municipality
on the effective date of this ordinance.
B.
New contracts and renewals of existing contracts.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for municipal waste collection, transportation,
processing or disposal shall be entered into after the effective date
of this article, unless such renewal or such contract shall conform
to the requirements of this article, the County Waste Flow Ordinance,
rules and regulations promulgated thereunder and the terms of licenses
issued thereunder.
A.
Prohibition of private waste processing and disposal
facilities. No person other than LCSWMA, the United States of America,
the Commonwealth of Pennsylvania, a county, a municipality, an authority
created by the foregoing or a person acting on behalf of the foregoing
shall use or permit to be used any property owned or occupied by that
person within the municipality as a municipal waste processing or
disposal facility, either for municipal waste generated within the
municipality or elsewhere, without the express written approval of
the municipality, the county and LCSWMA.
[Amended 12-18-1995 by Ord. No. CXLIV]
B.
Recycling. The prohibition set forth in Subsection A shall not interfere with the operation of any program for recycling.
C.
Existing facilities. The prohibition set forth in Subsection A shall not interfere with the operation of any solid waste facility which has been issued a solid waste permit before the effective date of this article, provided that:
(1)
The owner or operator of the facility provides written
notice to the county and the municipality of the facility permit number,
address, ownership and existing sources of waste no later than 60
days after the effective date of this article.
(2)
The facility accepts regulated municipal waste from
no sources within the county other than those then authorized by the
facility's solid waste permit and then being accepted, as reflected
on the notice provided the county and municipality pursuant to this
section.
(3)
The facility shall not be expanded in capacity, with
the exception of facilities owned or operated by or on behalf of another
county, which facilities may expand if such expansion is consistent
with a DER approved municipal waste management plan.
(4)
Notices under this section shall be submitted to the
Township Secretary on behalf of the municipality. The county may by
resolution designate LCSWMA or another authority or agency as the
entity which will receive notice pursuant to this section.
A.
Unlawful conduct. It shall be unlawful for any person
to:
(1)
Accumulate or cause to be accumulated municipal waste
in an amount greater than 20 tons, other than waste which has been
source-separated for the purpose of recycling.
(2)
Violate, cause or assist in the violation of any provision
of this article, any rule, regulation or order promulgated hereunder
or any rule, regulation or order promulgated by LCSWMA or the county
consistent with this article.
(3)
Process, treat, transfer or dispose of, or cause to be processed, treated, transferred or disposed, regulated municipal waste generated within the municipality at any solid waste facility other than a solid waste facility owned or operated by or on behalf of the county or LCSWMA or at an existing solid waste facility as permitted by § 110-6C of this article, without the express written consent of any municipality within which the facility is located, the county and LCSWMA.
(4)
Collect or transport municipal waste present or generated
within the county without a valid license for disposal issued by LCSWMA.
(5)
Hinder, obstruct, prevent or interfere with the municipality,
the county, LCSWMA or their personnel in the performance of any duty
under this article or in the enforcement of this article.
(6)
Act in a manner that is contrary to the Pennsylvania
Solid Waste Management Act,[1] regulations promulgated thereunder, the plan, this article,
the county ordinance, rules or regulations promulgated thereunder
or the terms of licenses issued thereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
[Amended 12-18-1995 by Ord. No. CXLIV]
Any person who engages in unlawful conduct as
defined in this article shall, upon conviction thereof in a summary
proceeding before a District Justice, be sentenced to pay a fine of
not less than $150 nor more than $600, plus costs of prosecution,
and, in default of payment thereof, shall be committed to the county
jail for a period not exceeding 30 days. Each continuing day of violation
of this article shall constitute a separate offense.
Upon finding that any person has engaged in
unlawful conduct as defined in this article:
A.
Restraining violations. In addition to any other remedy provided in this article, the municipality, the county or LCSWMA may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 110-8 hereof and revoke any licenses as authorized by § 110-9 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed
by this article shall be deemed concurrent. The existence or exercise
of any remedy shall not prevent the municipality, the county or LCSWMA
from exercising any other remedy provided by this article or otherwise
provided at law or equity.
A.
Entry into intermunicipal agreement. In order to implement
the intent and terms of this article, the municipality, pursuant to
the authority of the Intergovernmental Cooperation Act, Act of July
12, 1972, No. 180, codified at 53 P.S. §§ 481 to 490
(Purdon 1974 and Purdon Supp. 1984), and Article IX, Section 5, of
the Constitution of the Commonwealth of Pennsylvania, hereby enters
into the intermunicipal joint cooperation agreement between this municipality,
the county and other municipalities within the County of Lancaster,
which is attached hereto as Exhibit A[1] and incorporated herein, together with such changes consistent
with this article, if any, as may be approved by the officials of
the parties executing the same, such execution to be conclusive evidence
of such approval ("intermunicipal agreement").
[1]
Editor's Note: Exhibit A is on file and available
for inspection in the office of the Township Secretary.
B.
Terms and implementation of intermunicipal agreement.
As more fully set forth in the intermunicipal agreement and this article:
(1)
Conditions and terms of agreement. In the agreement:
(a)
The county agrees to arrange for the provision
of municipal waste disposal facilities for the economical and environmentally
sound disposal of municipal waste generated within the participating
municipalities, to coordinate recycling activities and marketing and
to assure continuing municipal waste planning for the county and the
participating municipalities by entering into an agreement with LCSWMA.
(b)
The county and participating municipalities
representing, in the aggregate, not less than 60% of the population
of the county each agree to enact a waste flow ordinance in a form
substantially similar to this article and to assure otherwise that
all acceptable municipal solid waste be delivered to the county system.
(c)
The county agrees to enact rules and regulations,
to cause LCSWMA to enact additional rules and regulations and to administer
a licensing program and to enforce this article and the parallel municipal
and county waste flow ordinances.
(d)
The county agrees to assure reasonable solid
waste disposal fees for residents of the participating municipalities.
(e)
The parties agree to cooperate in the joint
enforcement of the intermunicipal agreement and all ordinances enacted
pursuant to the intermunicipal agreement, and this municipality thereby
agrees cooperatively to exercise, to delegate to the county and to
allow delegation of such powers, duties and responsibilities as set
forth in the intermunicipal agreement.
(2)
Duration of term of the agreement. The term of the
intermunicipal agreement shall commence upon the date on which the
county and other municipalities representing at least 60% of the population
of the county have executed the intermunicipal agreement and shall
terminate 40 years following that date, unless terminated earlier
for cause.
(3)
Purpose and objectives of agreement. The purpose of
the intermunicipal agreement is to provide a mechanism to finance,
to construct and to operate a municipal waste disposal system to serve
this municipality and other municipalities within the county, to administer
a county-wide recycling program and to provide continuing municipal
waste planning, as more fully set forth in the recitals to the intermunicipal
agreement and this article.
(4)
Manner and extent of financing the agreement. Enforcement
of this article shall be financed by the county's general revenues,
except insofar as the municipality elects to enforce this article;
administration of this article, the recycling program and planning
shall be financed by LCSWMA with revenues received from operation
of the county system; and construction and operation of the county
system shall be financed by debt instruments issued by LCSWMA and
operating revenues.
(5)
Organizational structure necessary to implement the
agreement. The LCSWMA shall be formed from the Lancaster Area Refuse
Authority (LARA) by amendment of LARA's Articles of Incorporation;
LCSWMA shall construct and operate or arrange for the construction
and operation of the county system and administer and enforce this
article and parallel ordinances adopted by the county and other municipalities
pursuant to the intermunicipal agreement; and the county and the municipality
shall enforce said waste flow ordinances with assistance from LCSWMA.
(6)
Management and acquisition of property. All property
within the county system shall be acquired, managed and disposed of
by LCSWMA, in accordance with its separate agreement with the county
and the powers and duties imposed upon LCSWMA by law.
C.
Execution. Appropriate officers of the municipality
are authorized and directed to execute the intermunicipal agreement
on behalf of the municipality.
The municipality has been advised by the county
that the plan proposes to provide for solid waste processing and disposal
facilities which will be operated efficiently and economically by
LCSWMA and in accordance with all applicable laws and regulations,
and also that LCSWMA will impose reasonable charges which will be
uniform among all classes of the users of the plant or plants from
participating municipalities which execute the intermunicipal agreement
within 90 days of the date upon which DER grants preliminary approval
to the plan. Charges may differ for different categories of waste
and for different points of entry into the system.
The terms and provisions of this article are
to be liberally construed so as best to achieve and to effectuate
the goals and purposes hereof. This article shall be construed in
pari materia with the Act of July 7, 1980, P.L. 380, No. 97, known
as the "Solid Waste Management Act," 35 P.S. § 6018.101
et seq. (Purdon Supp. 1985).
[Adopted 7-17-2000 by Ord. No. CLXXIV]
The Solid Waste Management Act, Act 97 of 1980,
established a comprehensive planning and regulatory framework for
the storage, collection, transportation, processing and disposal cf
solid waste, including municipal waste. Pursuant to the requirements
of Act 97 and the request of each municipality within Lancaster County
(County), the Board of Commissioners of the County (County Board)
prepared and adopted the 1986 Lancaster County Solid Waste Management
Plan (1986 Plan), which was adopted by each municipality within the
County and approved by the Pennsylvania Department of Environmental
Protection. The 1986 Plan provided for a comprehensive and integrated
County-wide system for solid waste management (system) which included,
inter alia construction of a resource recovery facility for incineration
of municipal waste and generation of energy, expansion of the then
existing Creswell Landfill, construction of transfer facilities throughout
the County and development of a recycling program. In order to implement
the 1986 Plan and finance the system, the County and each municipality
within the County enacted certain waste flow control ordinances and
entered into a joint cooperation agreement (intermunicipal agreement).
The Municipal Waste Planning, Recycling and Waste Reduction Act, Act
101 of 1988, was approved on July 28, 1988, and gave certain municipalities,
including the Township of Mount Joy, the authority to develop and
implement within their boundaries a source-separation and collection
program for recyclable materials. Pursuant to Act 101 and the request
of the County Board, the Lancaster County Solid Waste Management Authority
prepared (as a revision to the 1986 Plan) the Lancaster County Municipal
Waste Management Plan of 1990 (the 1990 Plan) and the Lancaster County
Municipal Waste Management Plan of 1999 (the 1999 Plan), which provide
for the establishment and implementation by certain municipalities
of source-separation and collection programs for recyclable materials
in order to conform to Act 101 and to support and maintain the system.
The Township has ratified the 1990 Plan and the 1999 Plan and has
engaged with the County in mutual and beneficial cooperation and coordination
under the 1986 Plan and the intermunicipal agreement, establishing
an effective, efficient, reliable and environmentally safe system
for the storage, collection, transportation, processing and disposal
of municipal waste. It is desirable and appropriate to continue such
cooperation by implementing a recycling program which is consistent
with the 1999 Plan, the 1990 Plan, the intermunicipal agreement, the
system, and Act 101.
A.
Any capitalized term, if not defined in this article,
shall have the meaning as from time to time set forth in Act 97, Act
101 or the LCSWMA Rules and Regulations.
B.
ACT 97
ACT 101
ALUMINUM
BATTERY BAGS
COMMENCEMENT DATE
COMMINGLED
COMMUNITY ACTIVITIES
COMPOSTING
CONSTRUCTION/DEMOLITION WASTE
CONTRACT
CONTRACT WASTE
CONTRACTOR
CORRUGATED CARDBOARD
CURBSIDE
DESIGNATED RECYCLABLE MATERIALS
EXTRA REFUSE CONTAINERS
EXTRA SERVICE TAG
EXISTING CONTRACT
FACILITY
FARM
GENERATOR
FARM
GLASS, CLEAR
GLASS, COLORED
HAZARDOUS WASTE
(1)
(2)
HOUSEHOLD HAZARDOUS WASTE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
LCSWMA
LCSWMA FACILITY
MANIFEST
MULTIFAMILY UNIT
NONPROCESSABLE REFUSE
NONPROCESSABLE WASTE
NONRESIDENTIAL UNITS
OPEN BURNING
OVERSIZED REFUSE ITEMS
PERMITTED COLLECTOR
PERSON
PUTRESCIBLE WASTE
RECYCLABLE MATERIALS
RECYCLING
RECYCLING CONTAINER
REFUSE
REFUSE CONTAINER
REGULATED MUNICIPAL WASTE
RESIDENTIAL UNIT
RESIDUAL WASTE
SCAVENGING
SINGLE STREAM
SOLID WASTE or WASTE
SOURCE SEPARATE OR SOURCE SEPARATION
STEEL CANS
TIRES
TOWNSHIP
TOWNSHIP'S POLICIES AND PROCEDURES
UNACCEPTABLE WASTE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
WHITE GOODS
YARD WASTE
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.L.
380, No. 97, as now or hereafter amended, 35 P.S. § 6018.101
et seq.
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter
amended, 53 P.S. § 4000.101 et seq.
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.
[Added 9-18-2006 by Ord. No. CCXXIV]
October 1, 2000, the date upon which the Township's mandatory
Recycling program and Contract collection service begins.
Recyclable Materials which have been segregated from Regulated
Municipal Waste but 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.
[Added 5-18-2009 by Ord. No. CCLIII[1]]
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:
[Added 5-18-2009 by Ord. No. CCLIII]
The agreement between the Township and a Permitted Collector
under which collection services are to be provided to Residential
Units for Contract Waste and for Designated Recyclable Materials.
[Amended 5-18-2009 by Ord. No. CCLIII]
Those portions of Regulated Municipal Waste which are to
he collected and disposed of under the Contract. Contract Waste consists
exclusively of Refuse and Oversized Refuse Items.
The Person providing Contract Waste and Designated Recyclable
Materials collection services under the Contract.
[Amended 5-18-2009 by Ord. No. CCLIII]
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
[Added 9-18-2006 by Ord. No. CCXXIV]
The correct location for the placement of Refuse Containers
and Recycling Containers for the purpose of collection by the Contractor
under the municipal Contract which shall be: a) adjacent to the Residential
Unit or Eligible Commercial Establishment and b) no more than three
feet from the public street used by collection vehicles. For the purpose
of collection by Permitted Contractors from Multifamily Units and
Nonresidential Units, curbside shall be: a) adjacent to the Multifamily
Unit or Nonresidential Unit and b) no more than three feet from the
public street used by collection vehicles.[2]
[Added 9-18-2006 by Ord. No. CCXXIV]
Those Source Separated Recyclable Materials designated in § 110-27 of this article.
Refuse Containers which are in excess of the three Refuse
Containers per Collection Site limit.
A label which shall 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 contract for the storage, collection, transportation,
processing or disposal of Regulated Municipal Waste or Recyclable
Materials generated or located within the Township which was legally
entered into prior to the effective date of this article and when
entered into was legally enforceable.
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.
[Amended 5-18-2009 by Ord. No. CCLIII]
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 from the tract. A dwelling unit
on a farm shall not be considered a part of the farm and shall be
regulated as a residential unit by this article.
A Person who produces or creates any Solid Waste.
[Added 5-18-2009 by Ord. No. CCLIII]
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.
[Added 9-18-2006 by Ord. No. CCXXIV]
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 or 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 or lime
and/or other chemicals and substances usually included in the manufacture
of glass.
[Added 5-18-2009 by Ord. No. CCLIII]
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 P.S. §§ 30.51 through
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. §§ 691.1
through 691.1001); 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);
or source, special nuclear, or by-product material as defined by the
Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).[4]
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:
[Added 5-18-2009 by Ord. No. CCLIII]
Antifreeze;
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, stains and wood preservatives;
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; and
Wood, metal, rug and upholstery cleaners and polishes.
Lancaster County Solid Waste Management Authority, a municipal
authority organized and existing under the Municipality Authorities
Act of 1945, as amended.
Any facility owned or operated by or on behalf of LCSWMA.[5]
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, the source,
type, quantity and delivery point for the Solid Waste or Source Separated
Recyclable Materials; the applicable license number; and other pertinent
information.
[Added 5-18-2009 by Ord. No. CCLIII]
A property with three or more Residential Units, including,
without limitation, apartment complexes, condominium complexes, retirement
homes and mobile home parks.[6]
[Amended 5-18-2009 by Ord. No. CCLIII]
Large items of solid waste, greater than six feet in any
dimension, including but not limited to large automobile parts, machinery,
boats, recreational vehicles, etc.
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.
[Added 5-18-2009 by Ord. No. CCLIII]
All commercial, municipal and institutional establishments,
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.
[Added 5-18-2009 by Ord. No. CCLIII]
Refuse which will not fit into Refuse Containers but which
is not Nonprocessable Refuse, including small furniture, carpet, portable
televisions and the like, but excluding Tires and White Goods.
A Person who is in possession of all pertinent permits and
licenses which may be required by the Township 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.[8]
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.
[Added 5-18-2009 by Ord. No. CCLIII]
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, shall refer to the container supplied
by the Township; for Multifamily Units, shall refer to a receptacle
which is constructed of plastic, metal or fiberglass and has handles
of adequate strength for lifting.
Refuse is that portion of Regulated Municipal Waste except:
[Amended 5-18-2009 by Ord. No. CCLIII]
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
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 Township
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.
[Amended 5-18-2009 by Ord. No. CCLIII]
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a Multifamily building containing three
or fewer dwelling units, including a dwelling unit on a Farm. When
used in this article or the Township'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
Township to use the collection services provided under the Contract.
[Amended 5-18-2009 by Ord. No. CCLIII]
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[9]; 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.[10]
[Added 5-18-2009 by Ord. No. CCLIII]
The uncontrolled or unauthorized removal of Recyclable Materials
from the curb side.
A system where Recyclable Materials, commonly fibers and
glass, metal and plastic containers, are collected and processed together.
[Added 5-18-2009 by Ord. No. CCLIII]
Any waste, including but not limited to Municipal, Residual,
or Hazardous Wastes, including solid, liquid, semisolid or contained
gaseous materials.
[Added 5-18-2009 by Ord. No. CCLIII]
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."
Any pneumatic rubber automobile, truck, or farm implement
tire.
[Added 9-18-2006 by Ord. No. CCXXIV]
The Township of Mount Joy, Lancaster County, Pennsylvania.
The rules and regulations adopted and revised from time to
time by the Township which govern and pertain to the Township's Recycling
program and the collection, storage or transportation of Regulated
Municipal Waste within the Township.
The following types of Solid Waste are Unacceptable Waste
unless approved by LCSWMA on a case-by-case basis:
[Added 5-18-2009 by Ord. No. CCLIII]
Chemotherapeutic Waste.
Drums, barrels, buckets and paint cans unless lids have been
removed and interiors are cleaned and free of any residue.
Explosives and Ordinance Materials.
Gas cylinders, unless empty and delivered separate from other
Solid Waste.
Hazardous Waste.
Infectious/Pathological Waste.
Radioactive Materials.
Large appliances including clothes washers and dryers, dishwashers,
refrigerators and freezers, stoves and ovens, hot water heaters, air
conditioners, dehumidifiers, and similar appliances.
All garden residues, leaves, shrubbery, tree trimmings, grass
clippings, and sod.
[1]
Editor's Note: This ordinance also provided for an effective
date of 1-1-2010.
[2]
Editor’s Note: The former definition of “Customer,”
which immediately followed this definition, was repealed 5-18-2009
by Ord. No. CCLIII.
[3]
Editor's Note: This ordinance also provided for an effective
date of 1-1-2010.
[4]
Editor's Note: The former definition of "high-grade office
paper," which immediately followed this definition, was repealed 9-17-2018
by Ord. No. 316-2018.
[5]
Editor's Note: The former definitions of "leaves"
and "licensed hauler," which immediately followed this definition,
were repealed 5-18-2009 by Ord. No. CCLIII and 9-18-2006 by Ord. No.
CCXXIV, respectively.
[6]
Editor's Note: The former definition of "newsprint," which
immediately followed this definition, was repealed 9-17-2018 by Ord.
No. 316-2018.
[7]
Editor's Note: This ordinance also provided for an effective
date of 1-1-2010.
[8]
Editor's Note: The former definition of "plastics," which
immediately followed this definition, was repealed 9-17-2018 by Ord.
No. 316-2018.
[9]
Editor's Note: See 52 P.S. 30.51 et seq.
[10]
Editor's Note: See 35 P.S. 691.1 et seq.
[11]
Editor's Note: This ordinance also provided for an effective
date of 1-1-2010.
[Amended 5-18-2009 by Ord. No. CCLIII]
All persons within the Township shall Source
Separate Designated Recyclable Materials generated by such Person
or generated within a Residential Unit, Multifamily Unit or Nonresidential
Unit occupied by such Person.
Each Person who owns or occupies a Residential
Unit or Multifamily Unit within the Township shall insure that Regulated
Municipal Waste and Designated Recyclable Materials generated at such
Residential Unit or Multifamily Unit are Source Separated and collected,
transported and disposed of in accordance with this article, the Township's
Policies and Procedures, and the LCSWMA Rules and Regulations.
Collection services for 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 Contract Waste for collection
in accordance with the Township’s Policies and Procedures. With
respect to Regulated Municipal Waste which is not Contract Waste,
Persons who own or occupy Residential Units shall elect to provide
proper on-site collection and disposal by either:
A.
Themselves
delivering such materials to a Facility; or
B.
Utilizing
a Permitted Collector to collect and deliver such materials to a Facility.
[1]
Editor's Note: This ordinance also provided for an effective
date of 1-1-2010.
A.
Each Person who owns a Multifamily Unit shall provide
proper collection, transportation and disposal for Regulated Municipal
Waste and Designated Recyclable Materials by utilizing a Permitted
Collector to collect and transport such materials to a Facility. A
Person who owns a Multifamily Unit may request Township approval to
receive the services under the Contract. If the owner of a Multifamily
Unit requests and is approved to receive collection services under
the Contract, all dwelling units within such Multifamily Unit shall
receive collection services under the Contract.
[Amended 9-18-2006 by Ord. No. CCXXIV]
B.
Each Person who owns or occupies a Multifamily Unit approved to receive services under the Contract shall comply with the Township's Policies and Procedures established for Residential Units and, notwithstanding the provisions of §§ 110-27B and 110-27C of this article, shall Source Separate the Recyclable Materials designated in § 110-27A.
C.
Each Person who owns a Multifamily Unit that does
not receive services under the Contract shall:
(1)
Provide Recycling Containers at easily accessible
locations for Source Separation of Designated Recyclable Materials;
(2)
Provide written instructions to all Persons occupying
each Multifamily Unit to insure that all Designated Recyclable Materials
are Source Separated; and
(3)
Provide collection and transportation of Source Separated
Designated Recyclable Materials at a frequency of not less than once
per month.
D.
Each Person who occupies a Multifamily Unit who is
approved to receive services under the Contract shall Source Separate
and prepare leaves for collection in accordance with the Township's
Policies and Procedures.
[Amended 5-18-2009 by Ord. No. CCLIII; 9-17-2018 by Ord. No. 316-2018]
A.
Each Person who owns or occupies a Residential Unit shall Source
Separate the following Recyclable Materials:
B.
Each Person who owns or occupies a Multifamily Unit shall Source
Separate the following Recyclable Materials:
C.
Each Person who owns or occupies a Nonresidential Unit shall Source
Separate the following Recyclable Materials:
A.
General regulations for Owners and Occupants of Residential
Units and Multifamily Units.
(1)
All Regulated Municipal Waste and Recyclable Materials
shall be stored 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 by generators to contain all Regulated Municipal Waste and Recyclable Materials generated during periods between regularly scheduled collection as may be necessary to meet the requirements of Subsection A(1).
(3)
Permitted Collectors shall supply each Residential
Unit with a Recycling Container which shall be provided by the Township.
Recycling Containers for Multifamily Units shall be provided either
by the Owner or the Permitted Collector.
[Amended 9-18-2006 by Ord. No. CCXXIV]
(4)
All storage practices shall, at a minimum, conform
to the requirements of all applicable federal, state and local laws
and regulations.
(5)
Each Person having Regulated Municipal Waste or Designated
Recyclable Materials shall provide him/herself with approved Refuse
and Recycling Containers and shall place and keep all Regulated Municipal
Waste and Designated Recyclable Materials therein. Solid Waste of
a nondecomposable nature and Rubbish may be stored in tightly secured
bundles of such size to be readily handled at time of collection and
so as to minimize litter.
(6)
Nonprocessable Refuse and Oversized Refuse Items shall
be stored so that collection of water and harborage of rodents are
prevented.
(7)
Containers shall be stored on the property where the
Regulated Municipal Waste and Designated Recyclable Materials are
generated.
(8)
Regulated Municipal Waste or Source-Separated Recyclable
Materials from Residential Units shall not be stored at curbside prior
to collection.
(9)
No Regulated Municipal Waste or Source-Separated Recyclable
Materials shall be placed at curbside for collection more than 24
hours in advance of the scheduled time for collection.
B.
General regulations for Owners and Occupants of Nonresidential
Units.
(1)
All Regulated Municipal Waste shall be stored 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 by generators to contain all Regulated Municipal Waste generated during periods between regularly scheduled collection as may be necessary to meet the requirements of Subsection B(1).
(3)
All storage practices shall, at a minimum, conform
to the requirements of all applicable Federal, state and local laws
and regulations.
(4)
Each Person having Regulated Municipal Waste shall
provide him/herself with approved Refuse Containers and shall place
and keep all Regulated Municipal Waste therein. Solid Waste of a nondecomposable
nature and Rubbish may be stored in tightly secured bundles of such
size to be readily handled at time of collection and as to minimize
litter.
(5)
Nonprocessable Refuse and Oversized Refuse Items shall
he stored so that collection of water and harborage of rodents are
prevented.
(6)
Containers shall be stored on the property where the
Regulated Municipal Waste is generated.
C.
Disposable Containers. Disposable Refuse Containers,
such as paper and polyethylene bags, shall be acceptable for storage
of Regulated Municipal 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 overloading 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.
Recycling Containers.
[Amended 9-18-2006 by Ord. No. CCXXIV]
(1)
Individual Recycling Containers utilized for the collection
of Recyclable Materials at Residential Units shall comply with the
following requirements:
(a)
The container shall be a container, picked up
by a Resident at the Township Building and which is provided by the
Township, made of rigid plastic construction.
(b)
The Township shall replace any damaged, lost
or stolen Recycling Containers. A fee for replacement of damaged,
lost or stolen Recycling Containers may be established by resolution
of the Board of Supervisors.
(2)
Bulk Recycling Containers utilized for the storage
of Recyclable Materials at Multifamily and Nonresidential Units shall
comply with the following requirements:
E.
Composting.
Occupants of Residential Units may compost Yard Wastes which are generated
at said Residential Unit according to the following guidelines:
[Added 5-18-2009 by Ord. No. CCLIII]
(1)
Backyard
Composting must be done in strict compliance with accepted standards
and guidelines of the Penn State Cooperative Extension Service, Pennsylvania
Department of Environmental Protection, and/or LCSWMA.
(2)
Composting
must be done within an enclosed structure that controls access by
animals and vectors.
(3)
Only
Yard Wastes or other vegetative matter may be composted. No meat or
Putrescible Waste may be composted.
(4)
Compost
must be turned and mixed on a regular basis to prevent odors, attraction
of vectors and to ensure degradation of materials being composted.
(5)
Backyard
composters shall be placed no less than one foot from any property
line.
A.
All Persons occupying Residential Units and Multifamily
Units within the Township are required to Source Separate all Designated
Recyclable Materials.
B.
All Regulated Municipal Waste and Designated Recyclable
Materials shall be drained free of liquids before storage.
C.
All cans, bottles or other food containers shall be
rinsed free of food particles and drained before storage.
D.
Newsprint shall be tied in bundles or placed in paper
grocery bags.
[Amended 9-18-2006 by Ord. No. CCXXIV]
A.
All persons who desire to collect, transport, store,
process or dispose of Regulated Municipal Waste or Designated Recyclable
Materials within the Township shall obtain a permit from the Township
prior to performance of any such activities.
B.
Every person desiring a permit under this article
shall make application to the Township. Such application shall include
the name and address of the person making application, proof of a
valid license issued by LCSWMA, identification of other municipalities
which have issued permits to that person, and whether any permits
have been revoked by LCSWMA or any other municipality which requires
permitting of haulers.
C.
Applicants for a permit to operate as a Permitted
Collector within the Township shall demonstrate that:
(1)
A valid license has been issued by LCSWMA to the applicant.
(2)
Applicant's operation is in conformity in all respects
with the rules and regulations of the Pennsylvania Department of Environmental
Protection, LCSWMA, and all Township Ordinances and the Township Policies
and Procedures.
(3)
Solid waste and Designated Recyclable Materials shall
be suitably enclosed or covered in all vehicles to be used so as to
prevent roadside littering, attraction of vectors, or the creation
of other nuisances.
(4)
All disposal of solid waste and Designated Recyclable
Materials shall be at a Facility.
(5)
All Designated Recyclable Materials shall be recycled
and shall not be disposed of as waste.
(6)
Liability and workers' compensation insurance has
been obtained for the applicant's proposed operation in the Township.
A certificate of insurance demonstrating workers' compensation coverage
at statutory limits and liability insurance, with limits of at least
$500,000/$1,000,000 for bodily injury and $100,000 for property damage
shall be provided.
(7)
All vehicles to be used have been properly licensed
and inspected, and all drivers have valid operator's licenses.
D.
All permits shall be issued for a period of one year,
commencing each October 1 and expiring the following September 30.
E.
Permits may be suspended or revoked by the Township
at any time for just cause. Just cause shall include, but not be limited
to, the Permitted Collector:
F.
Any person whose permit has been suspended or revoked
shall refund all sums collected in advance for collection services
which have not yet been provided.
G.
Any person whose permit has been suspended or revoked
may appeal the suspension or revocation to the Board of Supervisors.
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 Township 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 Board of Supervisors,
and no appeal shall be considered complete without the payment of
the appeal fee. The Board of Supervisors shall made a prompt decision
on such appeal.
H.
Permits are not transferable to any other person.
I.
Each Permitted Collector shall file with the Township
a rate schedule showing the rates to be charged to its customers for
the collection of Regulated Municipal Waste and Designated Recyclable
Materials. The Permitted Collector shall not change such rate schedule
without giving notice to the customer and to the Township at least
30 days prior to the effective date of such change. Each Permitted
Collector shall be responsible for the billing of customers for the
services provided.
J.
Permitted Collectors shall prepare a schedule for
the collection of Regulated Municipal Waste and Designated Recyclable
Materials from each customer and a route of collection. Permitted
Collectors shall notify customers and the Township of the days collection
will be made.
[Amended 9-18-2006 by Ord. No. CCXXIV; 5-18-2009 by Ord. No.
CCLIII]
A.
With respect to Contract Waste and Designated Recyclable Materials,
no Person other than the Contractor shall collect, transport, store,
process or dispose of such Contract Waste. With respect to Regulated
Municipal Waste other than Contract Waste which is generated at Residential
Units and Regulated Municipal Waste or Designated Recyclable Materials
generated at Multifamily Units or Nonresidential Units, no Person
other than a Permitted Collector shall collect, store, process or
dispose of such waste. Notwithstanding the foregoing, collection of
Leaves/Yard Waste may be arranged by the Township in accordance with
the Township's Policies and Procedures. Each Permitted Collector
that collects or transports Regulated Municipal Waste or Designated
Recyclable Materials generated in any Residential Unit, Nonresidential
Unit or Multifamily Unit shall complete monthly LCSWMA Manifests reporting
the amount of Regulated Municipal Waste and Designated Recyclable
Material collected in the Township.
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,
storage, processing or disposal of such Waste by any Person other
than the Contractor with respect to Contract Waste or Designated Recyclable
Materials generated at Residential Units, and a Permitted Collector
with respect to Regulated Municipal Waste other than Contract Waste
generated at Residential Units and Regulated Municipal Waste or Designated
Recyclable Materials generated at Multifamily Units or Nonresidential
Units. Notwithstanding the foregoing, collection of Leaves/Yard Waste
may be arranged by the Township in accordance with the Township's
Policies and Procedures.
C.
No Permitted Collector who collects 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, 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 § 110-31C.
E.
All Regulated Municipal Waste and Designated Recyclable Materials
generated or collected in the Township 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.
F.
Each Permitted Collector shall collect and deliver, separately to
a LCSWMA Facility battery drop-off location, all Battery Bags placed
at Curbside by Residential Units.
G.
All Permitted Collectors shall ensure that collection of Regulated
Municipal Waste and Source Separated Recyclable Materials shall comply
with the following requirements:
(1)
Regulated Municipal Waste and Source Separated Recyclable Materials
shall be collected on the same day from Residential Units, and collection
shall be made a minimum of once a week.
(2)
Collection from Residential Units shall occur on weekdays between
the hours of 5:00 a.m. and 6:00 p.m., prevailing time, and shall not
occur on the same day of the week as collection under the Contract.
Notwithstanding the foregoing, Saturday collection will be permitted
if a holiday has occurred within a week of the normal collection date.
[Amended 5-18-2009 by Ord. No. CCLIII
A.
No Person shall store, process or dispose of any Regulated Municipal Waste or Designated Recyclable Materials except at a Facility. Notwithstanding the foregoing or § 110-27, Yard Waste may be composted to the extent and in the manner provided in the Township’s Policies and Procedures on the property on which such Yard Waste was generated.
B.
No Person
shall process or dispose of any Designated Recyclable Materials through
Open Burning.
Fees for services provided by the Township shall
be charged to all Township Customers. The amount of fees and the schedule
for payment of fees shall be as adopted by resolution or ordinance
from time to time by the Board of Supervisors.
[Amended 9-18-2006 by Ord. No. CCXXIV]
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 Contractor
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. Each such
collection shall constitute a separate and distinct offense.
It shall be a violation of this article for
any person, unlicensed by the Township, to collect or pick up, or
cause to be collected or picked up, any solid waste within the Township.
Each such collection shall constitute a separate and distinct offense.
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 Township's Policies
and Procedures.
C.
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this § 110-36 shall provide for on-site 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 Township and the Contractor. With respect to any contract which violates this § 110-36C, 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 on-site collection services and shall not collect or attempt to collect any funds for such on-site collection services.
[Added 5-18-2009 by Ord. No. CCLIII
[Amended 9-18-2006 by Ord. No. CCXXIV]
The Township shall have the power to establish
service fees, record and reporting requirements, and standards and
procedures for the issuance, administration and revocation of permits,
as deemed necessary, including without limitation: a) application
procedures, fees, standards and conditions for permits; b) 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 c) any other matters deemed necessary or convenient
by the Township. In the event of suspension or revocation of any permit
which is issued by the Township or LCSWMA, the Person whose 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 or any provision of the Township'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 Township's Policies and Procedures, shall,
upon conviction thereof in a summary proceeding, be liable to pay
a fine or penalty of not less than $100 nor more than $1,000, which
fines and penalties may be collected as provided by law. Each violation
of any provision of this article and each day that a violation continues
shall be deemed a separate offense.
For purposes of the obligations established
by this article or the Township's Policies and Procedures, and for
purposes of any fine, penalty, imprisonment or other sanction, the
terms "Person," "Customer," "Residential Unit," "Multifamily Unit"
and "Nonresidential Unit" shall include officers, directors and partners
of any corporation, partnership or other legal entity having officers,
directors or partners 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 Township may institute proceedings to restrain any
violation of, or to require compliance with, this article and/or the
Township'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 Township's Policies and Procedures. The
existence or exercise of any remedy shall not prevent the Township
from exercising any other remedy provided under this article or the
Township's Policies and Procedures or available at law or equity.
This article is in addition to, and not in lieu of, Ordinance No. LXXXVI, enacted and approved January 8, 1987, and codified as Chapter 110, Article I, of the Code of Ordinances of the Township of Mount Joy. Any ordinances other than Ordinance No. LXXXVI which pertain to Regulated Municipal Waste or Recyclable Materials are hereby repealed to the extent of any inconsistency with this article.
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 Board
of Supervisors that this article would have been enacted if such illegal,
invalid or unconstitutional section, sentence, clause, part or provision
had not been included herein.
