[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.