[HISTORY: Adopted by the Board of Commissioners of the Township of Manheim as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-12-1987 by Ord. No. 1987-6 (Part 5, Ch. 1, Art. C, of the 1976 Code of Ordinances)]
The Pennsylvania Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq. ("SWMA"), was enacted to establish a comprehensive planning and regulatory framework to deal with the storage, collection, transportation and processing of solid waste, including municipal waste, as defined in Section 103 of the SWMA, 35 P.S. § 6018.103.
The Municipal Waste Planning, Recycling, and Waste Reduction Act of 1988, 53 P.S. § 4000.101 et seq., makes each municipality responsible for the collection, transportation, processing and disposal of municipal waste generated or present within its boundaries and authorizes municipalities to contract with any other person or municipality, including a county or an authority, to carry out such responsibilities.
The Municipal Waste Planning, Recycling, and Waste Reduction Act of 1988, 53 P.S. § 4000.101 et seq., further authorizes municipalities to adopt ordinances, regulations and standards regulating the storage and collection of municipal waste and requiring disposal of all municipal waste generated within their jurisdiction at a designated facility.
Section 201 of the SWMA, 35 P.S. § 6018.201, requires the preparation of municipal waste management plans.
In cases where the applicable planning agency determines that it is in the public interest for municipal waste management and disposal to be a public function and the governing body approves this determination, the Municipal Waste Planning, Recycling, and Waste Reduction Act of 1988, 53 P.S. § 4000.101 et seq., requires each municipal waste management plan to provide the mechanisms to do so.
The SWMA gives counties, cities, townships, boroughs and authorities created by such municipalities concurrent responsibility for the planning and regulation of municipal waste collection, transportation and disposal by defining all such entities as "municipalities." See 35 P.S. § 6018.103.
Pursuant to Section 201(b), 35 P.S. § 6018.201(b), and other requirements of the SWMA, various municipalities in the county have adopted resolutions requesting the County Board of Commissioners ("County Board") to prepare a comprehensive municipal waste management plan on the municipalities' behalf.
Pursuant to such requests and the county's independent authority under Section 201 of the SWMA, 35 P.S. § 6018.201, the County Board has developed and adopted a municipal waste management plan for municipal waste disposal ("plan") in which the county undertakes to assist such municipalities with the disposal of municipal waste and resource recovery is emphasized.
The plan calls for the construction of a resource recovery facility for incineration of municipal waste and generation of energy, expansion of the existing Creswell Landfill owned and operated by the Lancaster Area Refuse Authority ("LARA") for the disposal of nonprocessable municipal waste, residue from the resource recovery facility, and municipal waste generated within the county which exceeds the capacity of the resource recovery facility, and construction of transfer facilities throughout the county (hereinafter collectively referred to as the "county system" or "system").
The plan determines that it is in the public interest for municipal waste management and disposal to be a public function, calls for the creation of the Lancaster County Solid Waste Management Authority ("LCSWMA") from LARA, and designates LCSWMA as the public agency responsible for the financing, design, construction and operation of the facilities comprising the county system.
In order to finance the construction and purchase of the facilities and equipment comprising the county system and to eliminate uneconomical operations, it is necessary for the county and its municipalities to make legally enforceable commitments to assure the delivery of substantially all regulated municipal waste, as hereinafter defined, presently generated within the county into the county system.
The Intergovernmental Cooperation Act, 53 Pa.C.S.A. § 2301 et seq., and Article IX, Section 5, of the Constitution of the Commonwealth of Pennsylvania authorize municipalities to enter into joint cooperation agreements with other municipalities in the exercise or performance of their respective governmental functions, powers or responsibilities and to delegate to other municipalities, including counties, the authority to exercise said governmental functions, powers or responsibilities.
Each of the participating municipalities, as defined below, has determined that it is in the public interest for municipal waste management and disposal to be a public function controlled and implemented by the county and LCSWMA.
Each of the participating municipalities has determined that it is appropriate and in its interest to enact certain ordinances ("waste flow ordinances") providing for the disposition of municipal waste generated within its jurisdiction at facilities comprising the county system.
The county and the participating municipalities have agreed to act in good faith and take all necessary and appropriate actions in cooperation with one another to effectuate a joint cooperation agreement ("intermunicipal agreement") pursuant to their respective lawful authority.
The county and LCSWMA have entered into an agreement ("LCSWMA agreement") further to effectuate the purposes of the intermunicipal agreement.
The LCSWMA agreement is conditioned upon execution of the intermunicipal agreement by the county and other municipalities with 60% of the county's population.
The intermunicipal agreement is entered into for the mutual benefit of the county and the participating municipalities, with LCSWMA as a beneficiary, and is not intended by the parties to be for the benefit of any other persons.
It is understood that failing the implementation of the arrangements contemplated in the intermunicipal agreement, the participating municipalities will have continuing responsibilities for the collection, transportation, processing and disposal of municipal waste in accordance with 53 P.S. § 4000.101 et seq.
The Township of Manheim has full authority under the applicable laws to provide for the management of municipal solid waste within its boundaries as hereinafter provided.
Pursuant to the intermunicipal agreement, the county will agree to enact a parallel ordinance ("County Waste Flow Ordinance") requiring the disposal of all regulated municipal waste generated within the county at the facilities comprising the county system, forbidding the collection of municipal waste within the county by collectors or haulers of municipal waste not licensed by LCSWMA to dispose of waste at facilities comprising the county system, and authorizing the county and LCSWMA to develop additional necessary rules and regulations concerning solid waste collection, transportation and disposal.
Pursuant to the LCSWMA agreement and the intermunicipal agreement, LCSWMA will agree to administer and the county will agree to enforce said rules, regulations and licensing requirements.
Legislation is presently pending before the Pennsylvania General Assembly which would provide counties with unilateral authority to require disposal of all municipal solid waste at a designated facility or facilities.
The form of this article has been approved by the county and has been included in the plan approved by the Pennsylvania Department of Environmental Protection ("DEP").
The county is willing to assist in the implementation of the plan, but only after ordinances similar to this article have been enacted by a sufficient number of municipalities in the county to make construction of such solid waste facilities as proposed in the plan feasible.
The following terms shall have the following meanings in this article:
- The County of Lancaster.
- EXISTING CONTRACT
- Any agreement or contract fully executed prior to the effective date of this article for the collection, disposal or transportation of municipal waste generated within this municipality.
- The waste-to-energy incinerator to be constructed by or on behalf of LCSWMA pursuant to the plan.
- FULL SYSTEM OPERATION or FULLY OPERATIONAL
- That date which is 60 days from the date upon which the county and other municipalities representing, in the aggregate, not less than 60% of the population of the county, as determined by the 1980 decennial census of the United States, execute the intermunicipal agreement and enact waste flow ordinances.
- 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 Manheim, a Township of the First Class located within the County of Lancaster, Commonwealth of Pennsylvania.
- Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, penalty, imprisonment or denial or grant of any license, the term "person" shall include the officers and directors of a corporation or other legal entity having officers and directors.
- The municipal waste management plan for the county, adopted by the county or municipalities therein and approved by the Pennsylvania Department of Environmental Protection.
- POINT OF ENTRY INTO THE SYSTEM
- 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.
- REGULATED MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste, and other material, including solid or semisolid material resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities, and any other solid waste which is within the definition of "municipal waste" set forth in Section 103 of the Pennsylvania Solid Waste Management Act, Act of July 2, 1980, P.L. 380, No. 97, 35 P.S. § 6018.103, and which LCSWMA, the county, or any contractor ("contractor") selected by the county or LCSWMA to construct and/or operate a resource recovery facility or facilities to be located within the municipal boundaries of the county by ordinance or regulation is willing to accept at the facility, but excluding:
- (1) Any liquid waste or sludge;
- (2) Any waste which is defined by existing or future federal or state law or regulation as "hazardous waste" or "residual waste";
- (3) Infectious waste, pathological waste, or other waste for which treatment or handling requirements different from those normally applicable to municipal waste apply;
- (4) Polychlorinated biphenyls;
- (5) Any waste which may be marketable and which is intentionally segregated for purposes of recycling; and
- (6) Materials specifically excluded under applicable county or LCSWMA ordinances, rules or regulations.
- SOURCE SEPARATION
- The segregation and collection, prior to delivery to a point of entry into the system, of materials for the sole purpose of recycling.
- The overall solid waste management and disposal system and every aspect thereof owned or operated by or on behalf of LCSWMA, including, without limitation, equipment, transfer stations, resource recovery facilities, and landfills, owned or operated or to be acquired, constructed or operated by LCSWMA or any agent, designee or contractor thereof in implementation of the plan.
- TRANSFER FACILITY
- Any solid waste facility which is now or hereafter may be established by LCSWMA or the county for the purpose of accepting solid waste for processing and economical consolidation for subsequent delivery to the facility or other solid waste disposal site.
All other words and phrases shall have the same meanings as set forth in the Pennsylvania Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., as it may hereinafter be amended or supplemented by legislation regarding municipal waste planning.
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.
Compliance with rules, regulations and ordinances. In carrying on activities related to solid waste collection or transportation within this municipality, all municipal waste collectors and all municipal waste transporters shall comply with all rules, regulations and ordinances pertaining to the collection, transportation and disposal of solid waste as may be hereinafter enacted by this municipality or by the county pursuant to a parallel County Waste Flow Ordinance and all rules and regulations enacted by LCSWMA pursuant to authority given it under 53 Pa.C.S.A. § 5617, as hereafter amended.
Administration. Licenses hereunder shall be issued, revoked and administered by LCSWMA.
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.
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 § 421-7C of this article shall be permitted.
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.
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.
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 § 421-12 shall be deemed rules and regulations adopted under this article, and the county is hereby authorized to adopt such rules and regulations.
Consistency of regulations with this article 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.
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.
New contracts and renewals of existing contracts. No renewal of any existing contract upon the expiration of the original term thereof and no new contract for municipal waste collection, transportation, processing or disposal shall be entered into after the effective date of this article, unless such renewal or such contract shall conform to the requirements of this article, the County Waste Flow Ordinance, rules and regulations promulgated thereunder, and the terms of licenses issued thereunder.
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.
Recycling. The prohibition set forth in Subsection A of this section shall not interfere with the operation of any program for recycling.
Existing facilities. The prohibition set forth in Subsection A of this section 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:
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;
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;
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;
Notices under this section shall be submitted to the Board of Commissioners on behalf of the municipality. The county may, by resolution, designate LCSWMA or another authority or agency as the entity which will receive notice pursuant to this section.
Unlawful conduct. It shall be unlawful for any person to:
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;
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;
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 § 421-7C, without the express written consent of any municipality within which the facility is located, the county, and LCSWMA;
Collect or transport municipal waste present or generated within the county without a valid license for disposal issued by LCSWMA;
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;
Act in a manner that is contrary to the 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.
Editor's Note: See 35 P.S. § 6018.101 et seq.
[Amended 12-12-1994 by Ord. No. 1994-28]
Any person who violates any provision of this article by engaging in unlawful conduct as defined in this article shall, for every violation, be sentenced to pay a fine or penalty of not less than $150 nor more than $600, and costs.
Upon finding that any person has engaged in unlawful conduct as defined in this article:
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 § 421-9 and revoke any licenses as authorized by § 421-10.
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.
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, 53 Pa.C.S.A. § 2301 et seq., and Article IX, Section 5, of the Constitution of the Commonwealth of Pennsylvania, hereby enters into the intermunicipal joint cooperation agreement between this municipality, the county, and other municipalities within the County of Lancaster, which is attached hereto as Exhibit A and incorporated herein, together with such changes consistent with this article, if any, as may be approved by the officials of the parties executing the same, such execution to be conclusive evidence of such approval ("intermunicipal agreement").
Editor's Note: Exhibit A is on file in the Township offices.
Terms and implementation of intermunicipal agreement. As more fully set forth in the intermunicipal agreement and this article:
Conditions and terms of agreement. In the agreement:
The county agrees:
To arrange for the provision of municipal waste disposal facilities for the economical and environmentally sound disposal of municipal waste generated within the participating municipalities;
To coordinate recycling activities and marketing; and
To assure continuing municipal waste planning for the county and the participating municipalities by entering into an agreement with LCSWMA;
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;
The county agrees to assure reasonable solid waste disposal fees for residents of the participating municipalities; and
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.
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.
Purpose and objectives of agreement. The purpose of the intermunicipal agreement is to provide a mechanism:
To finance, to construct and to operate a municipal waste disposal system to serve this municipality and other municipalities within the county;
To administer a county-wide recycling program; and
To provide continuing municipal waste planning, as more fully set forth in the recitals to the intermunicipal agreement and this article.
Manner and extent of financing the agreement. Enforcement of this article shall be financed by the county's general revenues, except insofar as the municipality elects to enforce this article; administration of this article, the recycling program and planning shall be financed by LCSWMA with revenues received from operation of the county system; and construction and operation of the county system shall be financed by debt instruments issued by LCSWMA and operating revenues.
Organizational structure necessary to implement the agreement. LCSWMA shall be formed from LARA by amendment of LARA's Articles of Incorporation; LCSWMA shall:
Construct and operate or arrange for the construction and operation of the county system; and
Administer and enforce this article and parallel ordinances adopted by the county and other municipalities pursuant to the intermunicipal agreement; and the county and the municipality shall enforce said Waste Flow Ordinances with assistance from LCSWMA.
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.
Execution. Appropriate officers of the municipality are authorized and directed to execute the intermunicipal agreement on behalf of the municipality.
This 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 conditions 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 5-14-1990 by Ord. No. 1990-9; amended in its entirety 9-14-1998 by Ord. No. 1998-18 (Part 5, Ch. 1, Art. A, of the 1976 Code of Ordinances)]
This article shall be known as the "Solid Waste and Recyclables Management Ordinance."
It is hereby declared that the Township of Manheim accepts the responsibility for the collection, transportation, and storage of regulated municipal waste and recyclable materials generated within its boundaries and, for that purpose, declares that this article is to coordinate and to regulate that collection, transportation, and storage of all regulated municipal waste and recyclable materials in order to promote and protect the public safety, health and general welfare of the community.
[Amended 7-8-2002 by Ord. No. 2002-11; 12-13-2004 by Ord. No. 2004-24; 10-9-2006 by Ord. No. 2006-08]
Any term which refers to a category or type of solid waste, if not defined in this article, shall have the meaning as from time to time set forth in any other Township ordinances or resolutions or LCSWMA's rules and regulations. In addition, as used in this article, the following terms shall have the following meanings:
- ACT 90
- The Waste Transportation Safety Act, Act of June 29, 2002, P.L. 596, No. 90, as now or hereafter amended.
- ACT 97
- The Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as now or hereafter amended.
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1998, P.L. 528, No. 101, as now or hereafter amended.
- ALUMINUM CANS
- All food and beverage cans made of a lightweight, ductile and malleable metallic substance or element commonly known as "aluminum." This description excludes aluminum foil, trays, plates, and miscellaneous aluminum products.
- BULK CONTAINER
- A refuse container not intended to be moved or, if moved, intended to be transported by vehicle for the purpose of disposal.
- CHRISTMAS TREE
- Trees used for Christmas decoration in homes, except artificial ones.
- Designated recyclable materials:
- COMMUNITY ACTIVITIES
- Events attended by 200 or more individuals per day which are sponsored by public or private agencies or individuals, including but not limited to fairs, bazaars, socials, picnics, and organized sporting events.
- COMMUNITY CONTRACT AGREEMENT
- An agreement between the contract hauler and Manheim Township granting the contract hauler the privilege and right to contract with customers for the collection of regulated municipal waste and designated recyclable materials.
- COMMUNITY CONTRACT HAULER
- A person or firm who has entered into a community contract agreement with Manheim Township.
- CORRUGATED CARDBOARD
- Paperboard which has been used for packaging and shipping and is clean of all contaminants.
- A person who independently contracts with the community contract hauler for the collection of any component of regulated municipal waste in Manheim Township.
- DESIGNATED RECYCLABLE MATERIALS
- Those recyclable materials designated in § 421-24 of this article for source separation.
- DRY CELL BATTERIES
- As collected by the LCSWMA.
- Any solid waste storage, collection, transfer, processing or disposal facility or site which is included within the definition of "facility" contained in the LCSWMA rules and regulations.
- A tract of land used for raising crops or livestock.
- A hard and brittle substance which is typically clear, brown, green, transparent or partially transparent and produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually or conveniently included in the manufacture of glass. For purposes of this article, the term "glass" shall mean only those materials commonly known as "glass bottles or containers," including all food and beverage containers made of glass, whether clear or colored, of one gallon or less capacity. The term "glass" excludes containers of a greater capacity than one gallon, glass which is not in the form of bottles or containers, glass which is laminated, wired or mirrored, ceramics, and crystal.
- GRASS CLIPPINGS
- Plant matter removed from the cutting of lawn.
- HAZARDOUS HOUSEHOLD 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 similar nature: antifreeze; batteries; chlorinated hydrocarbons; gasoline; 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; wood, metal, rug and upholstery cleaners and polishes.
- The Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended.
- LCSWMA FACILITY
- Any facility owned or operated by or on behalf of the Lancaster County Solid Waste Management Authority.
- Whole leaf matter from trees, source-separated.
- Publications issued periodically and which contain stories and articles.
- MOWER-COLLECTED LEAVES
- Plant matter from lawns and trees collected with a lawn mower, source-separated.
- MULTIRESIDENTIAL UNIT
- A property with three or more single residential units, including, without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks within the Township, excluding farms.
- MUNICIPAL WASTE
- Any solid waste 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 not meeting the definition of "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 source-separated recyclable materials or unacceptable waste. Above terms are used as defined in LCSWMA regulations.
- Paper which has been used for the production of daily, weekly and special edition publications commonly known as "newsprint."
- NONPROCESSABLE REFUSE
- A portion of municipal waste consisting of materials which cannot be handled by LCSWMA's normal collection, processing or disposal methods or which are greater than six feet in any dimension. "Nonprocessable refuse" includes, without limitation, large auto parts; machinery; boats; recreation vehicles; etc. Nonprocessable refuse will be accepted by LCSWMA only at the landfill.
- NONRESIDENTIAL UNITS
- All commercial, municipal and institutional establishments within the Township, excluding single residential units, multiresidential units and farms.
- OFFICE PAPER
- Includes computer printout, white ledger, envelopes, colored paper, and lightweight cardboard.
- OVERSIZED REFUSE ITEMS
- Refuse which will not fit into refuse containers, including, but not limited to, carpet, portable televisions, furniture and like materials.
- Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any legal entity whatsoever which is recognized by law as the subject of rights and duties.
- Recyclable plastics are identified on the bottom of the container and consist of two types of containers, namely:
- RECYCLABLE MATERIALS
- Any material which would be regulated municipal waste but for source separation and which will be separated, collected and processed into raw materials or products which will be reused (other than as fuel).
- The separation, collection, recovery and sale or reuse of metals, glass, paper, leaf waste, yard waste, plastics and other materials which would otherwise be disposed of or processed as waste.
- RECYCLING CONTAINER
- For single residential units, the term "recycling container" shall refer to the container supplied by the Township made of rigid plastic construction, with a capacity of not more than 14 gallons. For multiresidential units and nonresidential units, the term "recycling container" shall refer to a receptacle which is constructed of plastic, metal, or fiberglass suitable for holding recyclable materials.
- RECYCLING PLAN
- A plan to provide for a source separation and collection program for recyclable materials in order to conform to Act 101.
- REFUSE CONTAINER
- A receptacle which is:
- REGISTERED HAULER
- A person who has registered with Manheim Township to collect and transport regulated municipal waste or recyclable materials, or both, and has completed an application therefor on a form provided by Manheim Township.
- 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 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 source-separated recyclable materials.
- Refuse which will not fit into refuse containers, including furniture, carpet, portable televisions, tree branches and like materials.
- The uncontrolled or unauthorized removal of recyclable materials placed for collection.
- SINGLE RESIDENTIAL UNIT
- Any single-family detached, semidetached or townhouse dwelling, or a dwelling unit within a multifamily building containing three or fewer dwelling units, excluding farms.
- SOURCE-SEPARATED or SOURCE SEPARATION
- The process of separating, or the separation of, designated recyclable materials from regulated municipal waste at the point of origin for the purpose of recycling.
- STEEL AND BIMETALLIC CANS
- The ferrous metal food or beverage containers commonly known as "tin cans."
- Rubber materials removed from wheels.
- The Township of Manheim, Lancaster County, Pennsylvania.
- An insect, rodent or other organism that transmits a pathogenic fungus, virus, etc.
- A refuse or recycling vehicle used for the collection of regulated municipal waste or recyclable materials which has mounted thereon an approved type, watertight, sanitary body or which has a standard truck body made watertight and which is equipped with means of covering to prevent loss of material by wind.
- WHITE GOODS
- Large appliances weighing more than 50 pounds or containing refrigerants, including clothes washers, clothes dryers, freezers, refrigerators, stoves, ovens, hot-water heaters, air conditioners, dehumidifiers, furnaces and electric heaters.
- YARD WASTE
- All garden residues, shrubbery, tree prunings up to six inches in diameter, sod, leaves, grass, grass clippings and similar materials.
[Amended 10-9-2006 by Ord. No. 2006-08]
The Township Commissioners shall be responsible for all aspects of solid waste management within the Township; except, however, that the Commissioners may, by official act, designate along with adjoining municipalities a common responsible agency to function on its behalf. The Township Commissioners shall have the following functions and powers:
Regulate and control the collection, transportation, and storage of all regulated municipal waste and recyclable materials in accordance with the Lancaster County Solid Waste Management Plan approved by the Pennsylvania Department of Environmental Protection.
Cooperate with other local units of government in close proximity and with appropriate private organizations in carrying out its duties under this article.
Adopt such rules, regulations, standards and procedures as shall be necessary to conserve the air, water and land resources of the Township, protect the public health, prevent public nuisances, and enable it to carry out the purpose and provisions of this article.
Approve the registration of any person as a registered hauler and to conduct such inspections as may be necessary to implement the provisions of this article or to delegate to proper persons or organizations such authority.
Contract with or register any person, other municipality or organization to carry out their responsibilities for all or any part of the collection, transportation and storage of regulated municipal waste, household hazardous waste and recyclable materials.
[Amended 10-9-2006 by Ord. No. 2006-08]
The storage of all regulated municipal waste and recyclable materials shall be practiced so as to prevent the attraction, harborage and breeding of insects or rodents and to eliminate conditions harmful to public health and which create safety hazards, odors, unsightliness and public nuisances.
A sufficient number of containers shall be provided by the person generating the same to contain all regulated municipal waste and recyclable materials generated during periods between regularly scheduled collection as may be necessary to meet the requirements of Subsection A of this section.
Single residential unit recycling containers shall be provided by the Township. Recycling containers for multiresidential units and nonresidential units and farms shall be provided either by the owner, the registered hauler or community contract hauler.
All storage practices shall, at a minimum, conform to the requirements of all applicable federal, state and local laws and regulations.
Disposable containers, such as paper and polyethylene bags, shall be acceptable for storage of regulated municipal waste, provided the following conditions are met:
Only those bags specifically designed for storage and collection shall be used.
Bags shall be protected against precipitation, animal damage, and overloading in order to prevent littering or attracting of vectors.
Bags shall have a holding strength capable of withstanding normal stress until they are collected.
Bag openings shall be securely closed prior to setting out for collection.
[Amended 10-9-2006 by Ord. No. 2006-08]
The following shall apply to individual recycling containers utilized for the storage of recyclable materials at residential units:
The container shall be provided by the Township and made of rigid plastic construction, with a capacity of not more than 14 gallons.
Ownership of individual recycling containers shall remain in the Township.
The Township shall replace any recycling containers which are damaged. Stolen or lost containers will be replaced for a fee.
The following shall apply to recycling containers utilized for the storage of larger quantities of recyclable materials at multiresidential units, nonresidential units, community activities, and farms:
All regulated municipal waste and recyclable materials shall be drained free of liquids before storage.
All persons within the Township are required to source-separate all designated recyclable materials.
All cans, bottles or other food containers shall be rinsed free of food particles and drained before storage.
Newsprint, corrugated cardboard and office paper shall be tied in bundles, boxed or placed in paper or plastic bags.
Dry cell batteries shall be placed in a plastic bag provided by the Township.
Grass clippings, leaves, mower-collected leaves and yard waste shall be placed in bags specified by the Township.
Oversize refuse items shall be placed in approved containers or cut and tied in bundles, stacked or packaged so as not to exceed 48 inches in length and 30 pounds in weight, where possible.
Each person having regulated municipal waste or recyclable materials shall obtain approved refuse and recycling containers and shall place and keep all regulated municipal waste and recyclable materials therein, except for wastes of nondecomposable nature and rubbish which shall be stored in tightly secured bundles of such a size and weight that they can be readily handled at the time of collection and so as to minimize litter.
Nonprocessable refuse shall be stored so that collection of water and harborage of rodents is prevented.
Containers shall be stored on the property where the regulated municipal waste and the recyclable materials are generated.
All single residential units are required to separate the following designated recyclable materials as shown in the table as set forth below:
[Amended 10-9-2006 by Ord. No. 2006-08]
Regulated municipal waste and recyclable materials shall be collected and transported so as to prevent public health hazards and nuisances.
No person shall collect, transport or store regulated municipal waste or recyclable materials generated within the Township unless such person is a community contract hauler or registered hauler.
Any community contract hauler or registered hauler who collects regulated municipal waste within the Township shall be required to collect source-separated recyclable materials from all customers for whom regulated municipal waste is collected.
All collection practices shall conform to the rules and regulations promulgated under Act 97, Act 101, this article and LCSWMA rules and regulations.
Residential customers may not place containers along streets for pickup sooner than 3:00 p.m. on the day before the scheduled pickup.
Customers shall not leave refuse and recycling containers at the place of collection longer than 12 hours after the scheduled day of collection.
Residential customers shall place residential containers along streets for pickup.
[Amended 7-8-2002 by Ord. No. 2002-11]
Regulated municipal waste and recyclable materials shall be collected from single residential units and farms on the same day(s) every week and at a minimum of once weekly through the year.
Regulated municipal waste shall be collected from nonresidential units a minimum of once weekly throughout the year. Recyclable materials shall be collected from nonresidential units using bulk containers as often as is necessary, but at least once per month.
Regular municipal waste and recyclable materials shall be collected from residential units and farms between the hours of 6:00 a.m. and 6:00 p.m. Collection from nonresidential units shall be between the hours of 5:00 a.m. and 6:00 p.m.
Hotels, restaurants, institutions and commercial establishments shall have daily collection in the event the refuse contains any substantial amount of decomposable material.
[Amended 10-9-2006 by Ord. No. 2006-08]
No person shall collect, remove, haul or convey any regulated municipal waste or recyclable materials other than that produced by themselves through or upon any of the streets or properties of this Township or dispose of the same in any manner or place without obtaining authorization from the Township and from the LCSWMA.
No person shall collect, remove, haul or convey any regulated municipal waste or recyclable materials collected from Township residents without registering with the Township on a form provided by the Township.
Every person who shall apply to become a registered hauler shall state the manner of collection of regulated municipal waste or recyclable materials and shall dispose the collected waste at a LCSWMA facility.
Each registered hauler shall file with the Township a rate schedule showing the rates to be charged to its customers for the collection of regulated municipal waste and source-separated recyclable materials. Such rate schedule shall not be changed by the registered hauler without first giving notice to the customer and the Township Commissioners at least 30 days prior to the effective date of such change.
Each registered hauler shall be responsible for billing customers for service provided.
Registered haulers shall prepare a schedule for the collection of regulated municipal waste and source-separated recyclable materials from each customer in accordance with the provisions of this article, as amended. Registered haulers shall be responsible to notify customers and the Township of the days on which collections will be made.
The Township shall have the right to determine the validity of any complaints made by customers as to failure of the registered hauler to collect regulated municipal waste and source-separated recyclable materials in accordance with this article, and the Township's decision shall be final and binding upon the registered hauler.
Each registered hauler shall renew its registration annually.
Faithful performance must be the essence of the contract between the registered hauler and customers unless prevented by unavoidable accident or act of God. It is understood and agreed that all regulated municipal waste and source-separated recyclable material shall be collected, removed, and disposed of in a skillful and businesslike manner, satisfactory to the Township.
The registered hauler shall furnish evidence satisfactory to the Township that he/she has available equipment, by ownership or by valid lease agreement, for collection and disposing of regulated municipal waste and source-separated recyclable materials. All equipment for transporting of regulated municipal waste and source-separated recyclable materials will comply with the sanitary and watertight requirements set forth in this article.
Obligation. In addition to the obligations imposed by this article, the registered hauler shall:
Every registered hauler shall comply with the provisions of this article and shall comply with all LCSWMA rules and regulations, including obtaining and maintaining the required licenses for vehicles.
Between April 1 and October 31, inclusive, registered haulers shall remove from the point of collection yard waste separate from regulated municipal waste and recyclable materials for segregated disposal.
Registered haulers shall not comingle source-separated recyclable materials with regulated municipal waste.
Registered haulers shall not mix any source-separated recyclable materials with any regulated municipal waste or with any solid waste.
Registered haulers shall collect designated source-separated recyclable materials on the same day as regulated municipal waste.
Reports. On or before the 15th day of each month, the registered hauler shall submit to the Township a monthly report on all regulated municipal waste and recyclable materials collected in the Township. The monthly collection report shall include complete information with respect to the preceding month, including, but not limited to, the amounts of regulated municipal waste and the amounts of each recyclable material collected. The form of the monthly collection report shall be as follows, as shown on Attachment A; the form of the monthly residential refuse and recycling report shall be as follows, as shown on Attachment B.
Editor's Note: Attachments A and B are on file in the Township offices.
Independent contractor. For all purposes, including but not limited to laws and regulations concerning employment compensation, worker's compensation and other labor matters, the keeping of records and making of reports, it is specifically agreed that the registered hauler is, and at all times for the term of their license shall be and remain, an independent contractor and employing unit. Neither party under these regulations is the agent or employee of the other and is not authorized to make any representations or incur any liabilities on behalf of the other.
At all times during the term of their license, each registered hauler shall maintain in full force and effect employer's liability, workmen's compensation, public liability and property insurance. Each registered hauler shall provide written proof each year that the required insurance is in effect. Each registered hauler shall promptly notify the Township if any required insurance lapses.
Each registered hauler shall carry at least the following types and amounts of insurance:
Compliance with law. Each registered hauler acknowledges that the collection of solid waste is subject to federal, state and local laws, ordinances, rules and regulations, and LCSWMA's rules and regulations. All such laws, ordinances, rules and regulations are incorporated into and made part of this article as if set forth in full. Any breach thereof by a registered hauler shall be deemed a breach of this article and shall subject the registered hauler to the penalties set forth in this article.
The registered hauler shall assume full responsibility for his, her and its officers, employees and agents. The registered hauler shall indemnify the Township, its officers, employees and agents (each of whom shall be included in the term "Township" for purposes of this article) and hold and save the Township harmless from and against any claim, demand, or cause of action which may be asserted by any person because of any injury to property, injury or death to any person, or any other cause whatsoever which arises out of or is related to any of the actions or omissions of the registered hauler or his, her, or its officers, employees or agents, whether intentional, reckless, negligent or inadvertent. The registered hauler shall further indemnify and hold the Township harmless from and against all claims, demands and causes of action which may be asserted by any person arising out of injury or death suffered by any of the officers, employees or agents of the registered hauler, including, but not limited to, third-party actions for any injury or death, whether covered by the applicable worker's compensation laws or not.
The registered hauler's obligations for indemnification provided in these regulations shall apply regardless of any sole or concurring negligence of the Township. The registered hauler shall indemnify and hold harmless the Township against and from any and all loss, damages, costs and expenses, including reasonable attorneys' fees, suffered or incurred as a result of any breach by the registered hauler or enforcement by the Township of these regulations.
Grounds for refusal, suspension or cancellation of license.
Upon written recommendation of the Township's staff member who is charged with the responsibility of the enforcement of this article that a registered hauler is in violation of this article, the Township Manager-Secretary may take any or all of the following actions by written notice as shall, in the Township Manager-Secretary's sole discretion, be warranted:
Send a notice of violation with a reasonable amount of time to correct the violation.
Suspend the right of the registered hauler to collect regulated municipal waste or recyclable materials for a period of time reasonably related to the violation of this article.
Prohibit the right of the registered hauler to collect regulated municipal waste or recyclable materials.
Any notice of violation, of suspension, or of prohibition shall specify the section or sections of this article that have been violated.
Registered haulers shall promptly notify their customers of any suspension or prohibition and provide proof thereof to the Township.
Hearing and judicial review.
The Township Manager-Secretary may suspend or cancel any license immediately upon notification that the registered hauler has violated any provision of this article or is performing or attempting to perform any act prohibited by this article.
In the event the Township Manager-Secretary shall suspend or prohibit the right to collect regulated municipal waste or recyclable materials, the registered hauler may appeal such decision to the Township Commissioners by filing a written appeal within 15 days of receipt of notice of suspension or prohibition by submitting the appeal to the Township office. The appeal shall specify the reasons why the registered hauler believes it is not in violation of this article. The Commissioners shall promptly schedule a hearing on the appeal.
[Amended 10-9-2006 by Ord. No. 2006-08]
Registered haulers shall be required to collect and remove regulated municipal waste in motor-driven vehicles having steel, nonleakable, automatic packer-type bodies and to collect, remove and transport the regulated municipal waste so as to assure general cleanliness and sanitation throughout the entire process and operation thereof.
Registered haulers shall be required to collect and remove recyclable materials in motor-driven vehicles or trailers designed for recyclables collection and transportation and to collect, remove and transport the recyclable materials so as to assure general cleanliness and sanitation throughout the entire process and operation thereof.
The name of the owner of the vehicle and any license sticker issued by the Department of Environmental Protection shall be displayed in a prominent and legible manner on the driver's side of all vehicles used for collection and transportation.
Collection and transportation vehicles shall be kept in a clean and sanitary condition.
Hazardous materials shall be collected as follows:
Chemicals, poisons, explosives, radiological wastes and other hazardous materials shall not be collected during regular pickups.
Hazardous waste shall not be allowed to accumulate in violation of Act 97, Act 101 or Lancaster County Solid Waste Management Authority regulations.
Collection and transportation of hazardous materials shall be in accordance with the requirements of LCSWMA, local, state and federal regulatory controls.
[Amended 10-9-2006 by Ord. No. 2006-08]
Registered haulers shall notify their residential and commercial customers of the procedures for the separation, segregation, and packaging of designated recyclable materials. Dry cell batteries shall be placed for collection, along with the recyclable items, in a battery bag provided by the Township. The procedure shall allow for residential units to commingle all designated recyclable materials, except yard waste, in a single recycling container.
Registered haulers shall provide multiresidential and nonresidential units the following:
Recycling containers at easily accessible locations for source separation of designated recyclable materials.
Written instructions on the recycling plan.
Collection of source-separated designated recyclable materials at a frequency of not less than once per month.
The property owner or the condominium association in case of condominiums shall be responsible for carrying out the provisions of this subsection.
Multiresidential units and nonresidential units shall source-separate and set out leaves, grass clippings, mower-collected leaves and yard waste for collection in accordance with the Code of the Township of Manheim.
[Amended 10-9-2006 by Ord. No. 2006-08]
All regulated municipal waste shall be hauled directly to a LCSWMA facility for disposal. Registered haulers shall not transfer any regulated municipal waste from vehicles after collection or prior to disposal at the LCSWMA facility.
[Amended 10-9-2006 by Ord. No. 2006-08]
Registered haulers shall transport the collected recyclable materials either to a LCSWMA facility or directly to markets. Registered haulers shall take ownership of recyclable materials upon collection, excluding leaves, grass and yard waste. It is the responsibility of the community contractor or registered hauler to remove and dispose of recyclable materials generated in the Township in a manner which is consistent with the intent and effect of the recycling program. Registered haulers shall be responsible to ensure that all recyclable materials that are collected are transported to markets for sale and not disposed of as regulated municipal waste. Registered haulers shall transport leaves, grass and yard waste to DEP-approved sites designated by the Township.
[Amended 10-9-2006 by Ord. No. 2006-08]
It shall be unlawful for any person to:
Violate any provision of this article.
Deposit, dump, spill, throw, place, bury or allow to be blown, or permit another to deposit, dump, spill, throw, place or bury or allow to be blown, in or upon any parcel of land, lot, street, highway, gutter, alley, water, stream, quarry, or ditch within the geographical boundaries of this Township any solid waste material. This prohibition shall not apply when a person deposits, dumps, spills, throws, places or buries the following:
Collect or remove regulated municipal waste or recyclable materials if that person is not a registered hauler.
Permit the accumulation of residue of liquids, solids or a combination of such material on the bottom or sides of containers.
Collect, transport or convey regulated municipal waste or recyclable materials in nonconforming vehicles.
Scavenge any materials delivered and deposited for disposal.
Salvage or reclaim any solid wastes, except at a properly permitted LCSWMA facility in which salvage is an integral part of the operation.
Make refuse available for animal consumption unless such refuse has been heat-treated to kill any disease therein.
Use, maintain or operate an open dump.
Burn any solid waste, except in accordance with applicable ordinances and statutes.
Nothing herein shall be construed to permit any practices which are otherwise in contravention of applicable federal, state or local laws or regulations.
[Amended 10-9-2006 by Ord. No. 2006-08]
From time of placement at curbside, all designated recyclable materials shall be and become the property of the registered hauler servicing the customer who placed the recyclable materials at the curbside. It shall be a violation of this article for any person other than the appropriate registered hauler to collect or pick up or cause to be collected or picked up any such designated recyclable materials.
[Amended 10-9-2006 by Ord. No. 2006-08]
No person shall engage in any disposal or processing of any solid waste material without a valid permit from the Pennsylvania Department of Environmental Protection.
No registered hauler shall use any vehicle for collection of regulated municipal waste or recyclable materials without having completed and filed an application to become a registered hauler with the Township.
All containers, vehicles, and equipment of applicants and registered haulers shall be subject to inspection by the Township at any reasonable time without prior notice.
The Township may inspect vehicles and equipment before being put into operation and during operation. All vehicles must meet Pennsylvania Department of Transportation regulations.
If violations of this article are discovered in the course of these inspections, the Township may proceed with prosecution under this article or may petition the Court of Common Pleas of Lancaster County for an injunction, either mandatory or prohibitive, to enforce this article.
Any person who violates a provision of this article is guilty of a summary offense, which is punishable, upon conviction, by a fine not exceeding $1,000. Each day in violation of this article is a separate and distinct offense.