[HISTORY: Adopted by the Board of Supervisors of the Township
of West Donegal as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-5-1987 by Ord. No. 57-1987 (Ch. 20, Part 1, of
the 1984 Code of Ordinances)]
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 meaning 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 West Donegal 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 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.
The municipal waste management plan for the County adopted
by the County or municipalities therein and approved by the Pennsylvania
Department of Environmental Protection.
Any delivery site within the system designated by LCSWMA
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 "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:
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; and
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. § 6018.103, 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.
[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.
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;
(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:
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:
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.
Large items of solid waste, including but not limited to
furniture, large automobile parts, trees, branches and stumps.
April 1, 1993, the date upon which the Township's mandatory
recycling program and the contract collection services begin.
Recyclable materials:
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 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.
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.
The person providing contract waste and recyclable materials
collection services under the contract.
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]
The correct location for the placement of refuse containers
and recycling containers for the purpose of collection by the contractor,
which shall be:
Those source-separated recyclable materials designated in § 183-20 of this article.
Any contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or recyclable
materials generated or located within the Township which:
Refuse containers which are in excess of the three refuse
containers per collection site limit.
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.
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:
Is in possession of all applicable local, state and federal
laws and regulations; and
Provides LCSWMA with such data and information as LCSWMA requests,
including, without limitation:
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;
In the case of source-separated recyclable materials, proof
that all such materials received at the site are, in fact, recycled.
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.
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.
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]
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.
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.
A property with four or more residential units, including,
without limitation, apartment complexes, retirement homes and mobile
home parks, and excluding farms.
Paper which has been used for the production of daily, weekly
and special edition publications commonly known as "newspapers."
All commercial, municipal and institutional establishments,
community activities and farms, excluding residential units and multifamily
units.
Refuse which will not fit into refuse containers, including
small furniture, carpet, portable televisions and the like, but excluding
tires and white goods.
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.
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]
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]
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, 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.
All regulated municipal waste except the following categories
of solid waste:
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.
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.
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.
The uncontrolled or unauthorized removal of recyclable materials
from the curbside.
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 1-7-2013 by Ord. No. 199-2013]
The Township of West Dongeal, Lancaster County, Pennsylvania.
The rules and regulations adopted and revised from time to
time by the Township which govern and pertain to:
Large appliances, including clothes washers and dryers, dishwashers,
refrigerators and freezers, stoves and ovens, hot water heaters, air
conditioners and similar appliances.
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.
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:
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:
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:
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.
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:
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:
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.
