[Adopted 1-5-1987 by Ord. No. 57-1987 (Ch. 20, Part 1, of
the 1984 Code of Ordinances)]
[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.
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)]
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.
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]
C.
Chlorinated hydrocarbons;
D.
Fluorescent light bulbs and other mercury-containing devices;
F.
Grease and rust solvents;
G.
Oven, toilet and drain cleaners;
H.
Paints, rust preventatives, stains and wood preservatives;
I.
Pesticides, fungicides, herbicides, insecticides, rodenticides,
roach and ant killers;
J.
Photographic and pool chemicals;
K.
Thinners, solvents and furniture strippers;
L.
Transmission and brake fluids;
M.
Used oil or other hydrocarbon-based lubricants; and
N.
Wood, metal, rug and upholstery cleaners and polishes.
LCSWMA
Lancaster County Solid Waste Management Authority, a municipal
authority organized and existing under the Municipality Authorities
Act of 1945, as amended.
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.
F.
Household hazardous waste.
G.
Source-separated recyclable materials.
REFUSE CONTAINER
A.
A receptacle which is:
(1)
Constructed of plastic, metal or fiberglass, having handles
of adequate strength for lifting and having a tight-fitting lid capable
of preventing entrance into the container by vectors; or
(2)
A 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.
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:
B. Collected, transported and disposed of in accordance with this article,
the Township's policies and procedures, and the LCSWMA rules and regulations.
[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.
[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.
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.