Township of West Donegal, PA
Lancaster County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Donegal as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 72.
Outdoor burning — See Ch. 82.
Nuisances — See Ch. 139.
[Adopted 1-5-1987 by Ord. No. 57-1987 (Ch. 20, Part 1, of the 1984 Code of Ordinances)]
A. 
The following terms shall have the following meaning in this article:
COUNTY
The County of Lancaster.
EXISTING CONTRACT
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.
FACILITY
The waste to energy incinerator to be constructed by or on behalf of LCSWMA pursuant to the Plan.
FULL SYSTEM OPERATION or FULLY OPERATIONAL
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.
LCSWMA
The Lancaster County Solid Waste Management Authority, its assigns, its successors in interest, and its predecessor in interest, the Lancaster Area Refuse Authority.
MUNICIPALITY
The Township of West Donegal a Township of the Second Class located within the County of Lancaster, Commonwealth of Pennsylvania.
PERSON
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 provision 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.
PLAN
The municipal waste management plan for the County adopted by the County or municipalities therein and approved by the Pennsylvania Department of Environmental Protection.
POINT OF ENTRY INTO THE SYSTEM
Any delivery site within the system designated by LCSWMA for delivery of regulated municipal waste.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, yard waste and other materials which would otherwise become municipal waste.
REGULATED 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 "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. § 6018.103, 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:
(1) 
Any liquid waste or sludge;
(2) 
Any waste which is defined by existing or future federal or state law or regulation as hazardous waste or residual waste;
(3) 
Infectious waste, pathological waste, or other waste for which treatment or handling requirements different from those normally applicable to municipal waste apply;
(4) 
Polychlorinated biphenyls;
(5) 
Any waste which may be marketable and which is intentionally segregated for purposes of recycling; and
(6) 
Materials specifically excluded under applicable County or LCSWMA ordinances, rules or regulations.
SOURCE SEPARATION
The segregation and collection, prior to delivery to a point of entry into the system, of materials for the sole purpose of recycling.
SYSTEM
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.
TRANSFER FACILITY
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. § 6018.103, 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 the parallel County Waste Flow Ordinance and all rules and regulations enacted by LCSWMA pursuant to authority given it under 53 Pa.C.S.A. § 5617, 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 § 183-6C 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 Pa.C.S.A. § 5617, 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 § 183-11 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 ordinance and other laws. No rules or regulations adopted pursuant to this article 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 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 Protection or the Pennsylvania Environmental Quality Board governing municipal waste planning, collection, storage, transportation, processing or disposal.
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 article.
B. 
New contracts and renewals of existing contracts. No renewal of any existing contract upon the expiration of the original term thereof and no 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 LARA.
B. 
Recycling. The prohibition set forth in § 183-6A of this article shall not interfere with the operation of any program for recycling.
C. 
Existing facilities. The prohibition set forth in § 183-6A of this article shall not interfere with the operation of any privately or publicly owned solid waste facility which has been issued a solid waste permit before the effective date of this article, provided:
(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; and
(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 DEP approved municipal waste management plan.
(4) 
Notices under this section shall be submitted to Linda S. Forry of 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 § 183-6C 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 Pennsylvania Solid Waste Management Act, regulations promulgated thereunder, the Plan, this article, the County ordinance, rules or regulations promulgated thereunder, or the terms of licenses issued thereunder.
B. 
Public nuisance. Any unlawful conduct set forth in § 183-7A hereof shall constitute a public nuisance.
[Amended 10-7-1996 by Ord. No. 109-1996; 5-19-1997 by Ord. No. 114-1997]
If the Board of Supervisors or the officer designated to enforce this article by the Board of Supervisors determines that a person has committed or permitted the commission of a violation of this article, the Board of Supervisors or such enforcement officer shall inform such person in writing of the violation, shall notify such person to cease the violation of this article and shall inform such person that he or she must pay a civil penalty to the Township within the range of the amounts set forth below to settle the violation. The penalty for a first offense shall be not less than $50 and not more than $600; the penalty for a second offense shall be not less than $100 and not more than $600; and the penalty for a third or greater offense shall be not less than $200 and not more than $600. If such person fails or refuses to remit the penalty to the Township within 10 days from the date of the written notice of the violation of this article, the Township may commence a civil enforcement proceeding seeking penalties and costs for the violation of this article and/or may commence an action in equity. The Township shall seek a judgment for the penalty previously imposed together with additional daily penalties for continuing violations plus all court costs, including the reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Each day that a violation continues shall constitute a separate violation, and each section of this article which is violated shall constitute a separate violation. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
Upon finding that any person has engaged in unlawful conduct as defined in this article:
A. 
LCSWMA, the Municipality, the County may revoke any license issued by LCSWMA to that person in accordance with § 183-2 of this article; and
B. 
LCSWMA may deny any subsequent application by that person for a license pursuant to § 183-2 hereof.
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 § 183-8 hereof and revoke any licenses as authorized by § 183-9 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 Pa.C.S.A. § 2301 et seq., and Article IX, § 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 incorporated herein by reference hereto and is on file in the Township office, 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").
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:
[1] 
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;
[2] 
To coordinate recycling activities and marketing; and
[3] 
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:
[1] 
To enact rules and regulations;
[2] 
To cause LCSWMA to enact additional rules and regulations and to administer a licensing program; and
[3] 
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; and
(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:
(a) 
To finance, to construct and to operate a municipal waste disposal system to serve this Municipality and other municipalities within the County;
(b) 
To administer a County-wide recycling program; and
(c) 
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 shall be financed by debt instruments issued by LCSWMA and operating revenues.
(5) 
Organizational structure necessary to implement the agreement. LCSWMA shall be formed from LARA by amendment of LARA's articles of incorporation; LCSWMA shall:
(a) 
Construct and operate or arrange for the construction and operation of the County System; and
(b) 
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 DEP 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.
[Adopted 12-7-1992 by Ord. No. 83-1992 (Ch. 20, Part 2, of the 1984 Code of Ordinances)]
A. 
The Solid Waste Management Act, Act 97 of 1980, established a comprehensive planning and regulatory framework for the storage, collection, transportation, processing and disposal of 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:
(1) 
Construction of a resource recovery facility for incineration of municipal waste and generation of energy;
(2) 
Expansion of the then existing Creswell Landfill;
(3) 
Construction of transfer facilities throughout the County; and
(4) 
Development of a recycling program.
B. 
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 West Donegal, the responsibility for the developing and implementing 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 has prepared (as a revision of the 1986 Plan) the Lancaster County Municipal Waste Management Plan of 1990 (the 1990 Plan), which provides for the establishment and implementation by certain municipalities of source separation and collection program for recyclable materials in order to conform to Act 101 and to support and maintain the system. The Township of West Donegal has ratified the 1990 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 1990 Plan, the intermunicipal agreement, the system and Act 101.
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. In addition, as used in this article, the following terms shall have the following meanings:
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as now or hereafter amended, 35 P.S. § 6018.101 et seq.
ACT 101
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.
ALUMINUM
All food and beverage cans made of the light in weight, ductile and malleable metallic substance or element commonly known as "aluminum." This description excludes aluminum foil, trays, plates and miscellaneous aluminum products.
BULKY WASTE
Large items of solid waste, including but not limited to furniture, large automobile parts, trees, branches and stumps.
COMMENCEMENT DATE
April 1, 1993, the date upon which the Township's mandatory recycling program and the contract collection services begin.
COMMINGLED
Recyclable materials:
A. 
Which have been segregated from regulated municipal waste but have not been separated into different types of recyclable materials; and
B. 
Which have been placed in a recycling container for the purpose of collection.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals, including but not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
CONTRACT
The agreement between the Township and a licensed hauler under which collection services are to be provided to residential units for contract waste and for recyclable materials.
CONTRACT WASTE
Those portions of regulated municipal waste which are to be collected and disposed of under the contract. Contract waste consists exclusively of refuse and oversized refuse items.
CONTRACTOR
The person providing contract waste and recyclable materials collection services under the contract.
CORRUGATED CARDBOARD
Unbleached, unwaxed kraft paper that is formed into layers with a fluted medium and manufactured into shipping boxes and related products.
[Added 1-7-2013 by Ord. No. 199-2013]
CURBSIDE
The correct location for the placement of refuse containers and recycling containers for the purpose of collection by the contractor, which shall be:
A. 
Adjacent to the residential unit; and
B. 
No more than five feet from the right-of-way used by collection vehicles.
DESIGNATED RECYCLABLE MATERIALS
Those source-separated recyclable materials designated in § 183-20 of this article.
EXISTING CONTRACT
Any contract for the storage, collection, transportation, processing or disposal of regulated municipal waste or recyclable materials generated or located within the Township which:
A. 
Was legally entered to prior to the effective date of this article; and
B. 
When entered into was legally enforceable.
EXTRA REFUSE CONTAINERS
Refuse containers which are in excess of the three refuse containers per collection site limit.
EXTRA SERVICE TAG
A label which must be affixed to tires, white goods, oversized refuse items, yard waste and extra refuse containers in order for such items to be collected by the contractor.
FACILITY
Any specific site or person designated by LCSWMA as the specific place or site or person to which solid waste or source-separated recyclable materials, or any portion of solid waste or source-separated recyclable materials, shall or may be delivered; or in the absence of a specific site or person being designated by LCSWMA, any approved site for the delivery of any category of solid waste or source-separated recyclable materials. A site will be deemed to be an approved site for the purposes of this definition so long as that site:
A. 
Is in possession of all applicable local, state and federal laws and regulations; and
B. 
Provides LCSWMA with such data and information as LCSWMA requests, including, without limitation:
(1) 
The quantity, type, source and date of receipt of solid waste or source-separated recyclable materials that were generated in Lancaster County and delivered to the site;
(2) 
Proof that the site is in compliance with Subsections A and B above; and
(3) 
In the case of source-separated recyclable materials, proof that all such materials received at the site are, in fact, recycled.
GLASS, CLEAR
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 or lime and/or other chemicals and substances usually included in the manufacture of glass.
GLASS, COLORED
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 or lime and/or other chemicals and substances usually included in the manufacture of glass.
HOUSEHOLD HAZARDOUS WASTE
A portion of municipal waste that would be considered hazardous under Act 97 but for the fact that it is produced in quantities smaller than those regulated as hazardous waste under Act 97 and is generated by persons not otherwise covered as hazardous waste generators by Act 97. Household hazardous waste includes the following materials and other materials of a similar nature:
[Added 1-7-2013 by Ord. No. 199-2013]
A. 
Antifreeze;
B. 
Batteries;
C. 
Chlorinated hydrocarbons;
D. 
Fluorescent light bulbs and other mercury-containing devices;
E. 
Gasoline and kerosene;
F. 
Grease and rust solvents;
G. 
Oven, toilet and drain cleaners;
H. 
Paints, rust preventatives, stains and wood preservatives;
I. 
Pesticides, fungicides, herbicides, insecticides, rodenticides, roach and ant killers;
J. 
Photographic and pool chemicals;
K. 
Thinners, solvents and furniture strippers;
L. 
Transmission and brake fluids;
M. 
Used oil or other hydrocarbon-based lubricants; and
N. 
Wood, metal, rug and upholstery cleaners and polishes.
LCSWMA
Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act of 1945, as amended.
LCSWMA FACILITY
Any facility owned or operated by or on behalf of LCSWMA.
LICENSED HAULER
A person who is in possession of all pertinent permits and licenses which may be required by LCSWMA for the collection, transportation, storage or disposal of solid waste or recyclable materials.
MULTIFAMILY UNIT
A property with four or more residential units, including, without limitation, apartment complexes, retirement homes and mobile home parks, and excluding farms.
NEWSPRINT
Paper which has been used for the production of daily, weekly and special edition publications commonly known as "newspapers."
NONRESIDENTIAL UNITS
All commercial, municipal and institutional establishments, community activities and farms, excluding residential units and multifamily units.
OVERSIZED REFUSE ITEMS
Refuse which will not fit into refuse containers, including small furniture, carpet, portable televisions and the like, but excluding tires and white goods.
PERSON
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.
PLASTICS
Those two types of recyclable plastics identified on the bottom of the container as No. 1 PETE (such as soda bottles) and Nos. 2 HDPE (such as milk, spring water, and detergent bottles) through 7 where there is a neck which is smaller than the base.
[Added 1-7-2013 by Ord. No. 199-2013]
PUTRESCIBLE WASTE
A portion of municipal waste consisting of organic waste materials which, due to biological decomposition, are, or have a tendency to be, rotten, foul, or odorous, including dead animals and spoiled foods, but not including sludge.
[Added 1-7-2013 by Ord. No. 199-2013]
RECYCLABLE MATERIALS
Any material which would be regulated municipal waste but for source separation and which will be processed into raw materials or products which are beneficially reused.
RECYCLING
The separation, collection, recovery and sale or reuse of metals, glass, paper, 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.
RECYCLING CONTAINER
For residential units, the term "recycling container" shall refer to the container supplied by the Township. For multifamily units and nonresidential units, the term "recycling container" shall refer to a receptacle which is constructed of plastic, metal or fiberglass and has handles of adequate strength for lifting.
REFUSE
All regulated municipal waste except the following categories of solid waste:
A. 
Construction/demolition waste.
B. 
Bulky waste.
C. 
Putrescible waste.
D. 
Uncompactible waste.
E. 
Special handling waste.
F. 
Household hazardous waste.
G. 
Source-separated recyclable materials.
H. 
Unacceptable waste.
I. 
Oversized refuse items.
A. 
A receptacle which is:
(1) 
Constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vectors; or
(2) 
A polyethlene bag which:
(a) 
Is specifically designed for storage and collection;
(b) 
Is protected against animal damage and overloading so as to prevent littering or attraction of insects or rodents; and
(c) 
Has a holding strength capable of withstanding normal stresses until it is collected.
B. 
With respect residential units, the weight of a refuse container and its contents shall not exceed 30 pounds nor shall its capacity exceed 32 gallons.
REGULATED MUNICIPAL WASTE
Any solid waste generated or collected within the Township which is garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge which is not residual 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.
RESIDENTIAL UNIT
Any single-family detached, semidetached or townhouse dwelling, or a dwelling unit within a multifamily building containing three or fewer units, excluding farms. When used in this article or in the Township 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.
SCAVENGING
The uncontrolled or unauthorized removal of recyclable materials from the curbside.
SOURCE SEPARATE or SOURCE SEPARATION
The process of separating or the separation of recyclable materials from other solid waste at the location where generated for the purpose of recycling.
STEEL AND BIMETALLIC CANS
The ferrous metal food or beverage containers commonly known as "tin cans."
TIRES
Any pneumatic rubber automobile, truck, or farm implement tire.
[Added 1-7-2013 by Ord. No. 199-2013]
TOWNSHIP
The Township of West Dongeal, Lancaster County, Pennsylvania.
TOWNSHIP'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to time by the Township which govern and pertain to:
A. 
The Township's recycling program; and
B. 
The collection, storage or transportation of regulated municipal waste within the Township.
WHITE GOODS
Large appliances, including clothes washers and dryers, dishwashers, refrigerators and freezers, stoves and ovens, hot water heaters, air conditioners and similar appliances.
YARD WASTE
All garden residues, leaves, grass clippings, shrubbery, and tree trimmings up to six inches in diameter.
[Amended 1-7-2013 by Ord. No. 199-2013]
All persons within the Township shall source separate designated recyclable materials.
Each person who owns or occupies a residential unit, multifamily unit or nonresidential unit within the Township shall insure that regulated municipal waste and designated recyclable materials generated at such residential unit, multifamily unit or nonresidential unit are:
A. 
Source separated; and
B. 
Collected, transported and disposed of in accordance with this article, the Township's policies and procedures, and the LCSWMA rules and regulations.
A. 
Collection services for contract waste and for designated recyclable materials shall be provided to residential units by the contractor.
B. 
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. Refuse containers shall be placed at curbside in a manner such that the refuse containers shall not spill, tip or otherwise deposit refuse on the street or ground. Extra refuse containers shall be marked with an extra service tag in accordance with the Township's policies and procedures.
C. 
Each person who owns or occupies a residential unit shall insure proper collection, transportation and disposal of regulated municipal waste which is not contract waste by either themselves transporting such materials to a facility or utilizing a licensed hauler to collect and transport such materials to a facility.
[Added 1-7-2013 by Ord. No. 199-2013]
A. 
Each person who owns or occupies a nonresidential unit or multifamily unit shall provide proper collection, transportation and disposal for regulated municipal waste and designated recyclable materials by utilizing a licensed hauler to collect and transport such materials to a facility. With respect to contract waste and designated recyclable materials, a person who owns or occupies a multifamily unit or nonresidential unit may either:
(1) 
Request Township approval to receive the services under the contract; or
(2) 
Utilize a licensed hauler.
B. 
Each person who owns or occupies a multifamily unit or nonresidential 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 § 183-20B and C of this article, shall source separate the recyclable materials designated in § 183-20A.
C. 
Each person who own a multifamily unit or nonresidential 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 and nonresidential unit to insure that all designated recyclable materials are source separated.
(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 owns or occupies a multifamily unit or nonresidential unit shall source separate and prepare leaves for collection in accordance with the Township's policies and procedures.
[Amended 1-7-2013 by Ord. No. 199-2013; 10-26-2020 by Ord. No. 241-2020]
Each person who owns or occupies a residential unit, multifamily unit, or nonresidential unit within the Township shall insure that regulated municipal waste generated at such residential unit, multifamily unit or nonresidential unit is collected, transported, and disposed of and that designated recyclable materials generated at such residential unit, multifamily unit, or nonresidential unit are source-separated, collected, transported, and recycled in accordance with this article, the Township's policies and procedures, and LCSWMA rules and regulations.
A. 
General regulations.
(1) 
All regulated municipal waste and designated 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 designated recyclable materials generated during periods between regularly scheduled collection as may be necessary to meet the requirements of Subsection A(1).
(3) 
The Township shall supply each residential unit with a recycling container. Recycling containers for multifamily units and nonresidential units shall be provided either by the owner or the licensed hauler.
(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 himself 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) 
Bulky waste 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) 
All containers of regulated municipal waste and source-separated recyclable materials to be collected from any residential unit shall be placed along or immediately adjacent to the street or alley where collection is established but in such a manner as not to obstruct traffic or use of the sidewalks. Containers may be so placed no earlier than 5:00 p.m. of the evening preceding the established day for collection and shall be promptly removed from the street or alley after the collection has been made.
B. 
Reusable containers for individual residential units. Individual containers used for the storage of refuse shall have the following physical characteristics:
(1) 
The container shall be constructed of durable, watertight, rust resistant material having a close-fitting lid.
(2) 
Individual containers for residential units shall be of a capacity of not more than 32 gallons or 30 pounds in weight and shall be equipped with two or more handles and be maintained in a clean and sanitary manner and be safe to be handled by collection personnel.
(3) 
Individual containers shall not be filled so that the lid cannot fit properly, and the area around the container shall be kept clean.
C. 
Disposal 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.
(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 delivered by the Township which is provided by the Township made of rigid plastic construction, with a capacity of not more than 20 gallons.
(b) 
Title to individual recycling containers shall remain in the Township.
(c) 
The Township shall replace any recycling containers which are damaged when the damaged container is returned to the Township. Stolen or lost containers will be replaced for a fee.
(2) 
Bulk recycling containers utilized for the storage of recyclable materials at multifamily and nonresidential units shall comply with the following requirements:
(a) 
The container shall be constructed of plastic, metal or fiberglass and be suitable for the purpose.
(b) 
Title to bulk recycling containers shall remain in the owner or the licensed hauler.
E. 
Temporary residential dumpsters. Temporary residential dumpsters may be placed in a driveway or yard for a maximum of 60 days. Dumpster placement on a Township roadway will require permission from Township's Road Master, a permit from the Zoning Officer and payment of the fee and escrow to be held in case of roadway damage, caused by the placement or removal of the dumpster in the amounts established by resolution. Dumpster permits which shall be good for 30 days can be renewed for additional 30 days if needed upon payment of the renewal fee established by resolution. This provision does not apply new construction projects on nondedicated streets in residential subdivisions.
[Added 10-26-2020 by Ord. No. 241-2020]
A. 
All persons 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 11-6-2000 by Ord. No. 127-2000]
A. 
With respect to contract waste and designated recyclable materials generated at residential units, no person other than the contractor shall collect, transport, store, process or dispose of such 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, which are generated at multifamily units or nonresidential units, no person other than a licensed hauler shall collect, transport, store, process or dispose of such waste.
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, transportation, storage, processing or disposal of such waste by any person other than:
(1) 
The contractor with respect to contract waste or designated recyclable materials other than waste and designated recyclable materials collected by the Township generated at residential units; and
(2) 
A licensed hauler with respect to:
(a) 
Regulated municipal waste other than contract waste or regulated municipal waste collected by the Township generated at residential units; and
(b) 
Regulated municipal waste, or designated recyclable materials, generated at multifamily units and nonresidential units.
C. 
No licensed hauler who collects, transports 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, transportation, 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 C.
D. 
Notwithstanding the provisions of Subsections A and B above, any person who occupies a residential unit may transport to a facility the regulated municipal waste and designated recyclable materials which were generated at such person's residence.
E. 
All regulated municipal waste and designated recyclable materials generated or collected in the Township shall be transported 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. 
The Board of Supervisors may, upon application by one or more licensed haulers, grant a waiver from the requirements of § 183-23C to allow such licensed hauler or licensed haulers to commingle an identified designated recyclable material with regulated municipal waste if the licensed hauler meets all of the requirements of this subsection. The licensed hauler must present evidence to the Board of Supervisors concerning the overall volume of regulated waste and designated recyclable materials collected by the licensed hauler, the percentage that the designated recyclable material for which the exemption is sought constitutes of the total amount of designated recyclable materials, and a statement by LCSWMA indicating its support for the waiver request. The Board of Supervisors shall evaluate the evidence presented by the licensed hauler and may grant the waiver only if the waiver is supported by LCSWMA and the Board of Supervisors determines that the percentage of the total amount of designated recyclable materials represented by the designated recyclable material for which the waiver is requested is minimal.
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 (in accordance with the Township's guidelines) on the property on which such waste was generated or on other property licensed by the Township.
[Amended 1-7-2013 by Ord. No. 199-2013]
Fees for services provided by the Township shall be charged to all Township customers. The amounts of fees, charges, penalties, and interest and the schedule for payment shall be as adopted by resolution or ordinance from time to time by the Board of Supervisors. For the purpose of enforcing the payment of the service charge assessed with a penalty imposed, the Township Secretary shall have all the authority of a duly elected and qualified tax collector and shall have the power to proceed to collect the service charge and penalty by distraint or by action at law, as other debts are collected. The Township may also file a lien against the property to which services have been provided if the said service charge and penalty are not paid.
From the time of placement for collection of any designated recyclable materials other than leaves or yard waste, all such designated recyclable materials shall be the property of the generator or the licensed hauler who has contracted to provide collection, as provided in the contract. It shall be a violation of this article for any person, other than such generator or a licensed hauler, 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 LCSWMA, to collect or pick up, or cause to be collected or picked up, any solid waste within the Township. It shall be a violation of this article for any person other than the contractor or the Township to collect, pick up or cause to be collected or picked up any waste or recyclable materials from residential units 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 article shall provide for 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 Subsection C, such contract shall be deemed void and the hauler that is a party to such contract:
(1) 
Shall reimburse to the applicable residential units any funds which have been paid for such collection services; and
(2) 
Shall not collect or attempt to collect any funds for such collection services.
The Township shall have the power to establish service fees and record and reporting requirements, as deemed necessary, including without limitation, any matters deemed necessary or convenient by the Township. In the event of suspension or revocation of any license which is issued by LCSWMA, the person whose license 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.
[Amended 10-7-1996 by Ord. No. 109-1996; 5-19-1997 by Ord. No. 114-1997; 10-26-2020 by Ord. No. 241-2020]
Any person who shall violate any provision of this article, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $150 nor more than $ 1,000, plus costs. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute 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," "residential unit," "multifamily unit" and "nonresidential unit" shall:
A. 
Include officers, directors or partners; and
B. 
Refer to, and impose joint and several liability upon, both:
(1) 
The persons residing in or occupying any such residential, multifamily or nonresidential units and;
(2) 
The owner, landlord, condominium owners' association and/or agent of an owner, landlord or condominium owners' association of such premises.
In addition to any other remedy provided in this article, the Township may institute proceedings in equity 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, including the filing of a lien for nonpayment of service fees.
This article is in addition to, and not in lieu of, Ord. No. 57-1987 (Chapter 183, Article I), enacted and approved January 5, 1987. Any ordinance other than Ord. No. 57-1987 which pertain to regulated municipal waste or recyclable materials are hereby repealed to the extent of any inconsistency with this article.
This article shall take effect and be in force from and after its approval as required by law, except for §§ 183-16, 183-18, 183-19, 183-20 and 183-23, which shall become effective on the commencement date, April 1, 1993.