[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)]
A.
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.
B.
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.
C.
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.
D.
Section 201 of the SWMA, 35 P.S. § 6018.201, requires the
preparation of municipal waste management plans.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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").
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
The county and LCSWMA have entered into an agreement ("LCSWMA agreement")
further to effectuate the purposes of the intermunicipal agreement.
Q.
The LCSWMA agreement is conditioned upon execution of the intermunicipal
agreement by the county and other municipalities with 60% of the county's
population.
R.
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.
S.
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.
T.
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.
U.
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.
V.
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.
W.
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.
X.
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").
Y.
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.
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 meanings 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 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.
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 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:
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. § 6018.101 et seq., 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.
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 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.
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 § 421-7C of this article shall be permitted.[1]
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 § 421-12 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 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.
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 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.
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 Subsection A of this section shall not interfere with the operation of any program for recycling.
C.
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:
(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;
(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;
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 § 421-7C, 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 the Pennsylvania Solid Waste
Management Act,[1] regulations promulgated thereunder, the plan, this article,
the county ordinance, rules or regulations promulgated thereunder,
or the terms of licenses issued thereunder.
[1]
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:
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 § 421-9 and revoke any licenses as authorized by § 421-10.
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, 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,[1] 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").
[1]
Editor's Note: Exhibit A is on file in the Township offices.
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;
and construction and 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.
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[1]]
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:
The Waste Transportation Safety Act, Act of June 29, 2002,
P.L. 596, No. 90, as now or hereafter amended.[2]
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as now or hereafter amended.[3]
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1998, P.L. 528, No. 101, as now or hereafter
amended.[4]
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.
A refuse container not intended to be moved or, if moved,
intended to be transported by vehicle for the purpose of disposal.
Trees used for Christmas decoration in homes, except artificial
ones.
Designated recyclable materials:
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.
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.
A person or firm who has entered into a community contract
agreement with Manheim Township.
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.
Those recyclable materials designated in § 421-24 of this article for source separation.
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.
Plant matter removed from the cutting of lawn.
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.
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.
Plant matter from lawns and trees collected with a lawn mower,
source-separated.
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.
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."
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.
All commercial, municipal and institutional establishments
within the Township, excluding single residential units, multiresidential
units and farms.
Includes computer printout, white ledger, envelopes, colored
paper, and lightweight cardboard.
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:
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.
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.
A plan to provide for a source separation and collection
program for recyclable materials in order to conform to Act 101.
A receptacle which is:
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.
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.
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a multifamily building containing three
or fewer dwelling units, excluding farms.
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.
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.
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.
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:
A.
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.
B.
Cooperate with other local units of government in close proximity
and with appropriate private organizations in carrying out its duties
under this article.
C.
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.
D.
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.
E.
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]
A.
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.
B.
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.
C.
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.
D.
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:
A.
Only those bags specifically designed for storage and collection
shall be used.
B.
Bags shall be protected against precipitation, animal damage, and
overloading in order to prevent littering or attracting of vectors.
C.
Bags shall have a holding strength capable of withstanding normal
stress until they are collected.
D.
Bag openings shall be securely closed prior to setting out for collection.
[Amended 10-9-2006 by Ord. No. 2006-08]
A.
The following shall apply to individual recycling containers utilized
for the storage of recyclable materials at residential units:
(1)
The container shall be provided by the Township and made of rigid
plastic construction, with a capacity of not more than 14 gallons.
(2)
Ownership of individual recycling containers shall remain in the
Township.
(3)
The Township shall replace any recycling containers which are damaged.
Stolen or lost containers will be replaced for a fee.
B.
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:
A.
All regulated municipal waste and recyclable materials shall be drained
free of liquids before storage.
B.
All persons within the Township are required to source-separate all
designated recyclable materials.
C.
All cans, bottles or other food containers shall be rinsed free of
food particles and drained before storage.
D.
Newsprint, corrugated cardboard and office paper shall be tied in
bundles, boxed or placed in paper or plastic bags.
E.
Dry cell batteries shall be placed in a plastic bag provided by the
Township.
F.
Grass clippings, leaves, mower-collected leaves and yard waste shall
be placed in bags specified by the Township.
G.
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.
A.
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.
B.
Nonprocessable refuse shall be stored so that collection of water
and harborage of rodents is prevented.
C.
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:
|
Material Types
|
Package or Container
|
Single and Multi-residential
|
Farms
|
Community/ Commercial/ Institutional/ Industrial
|
|---|---|---|---|---|
|
Aluminum cans (not foil pie plates, etc.)
|
Commingled bin
|
Weekly
|
Weekly
|
Weekly
|
|
Bimetallic cans, steel, tin
|
Commingled bin
|
Weekly
|
Weekly
|
Weekly
|
|
Glass bottles, clear, colored (not bulbs, dishes, glasses, etc.)
|
Commingled bin
|
Weekly
|
Weekly
|
Weekly
|
|
Plastic bottles, milk, soda, detergent (not margarine tubs,
misc. cont.)
|
Commingled bin
|
Weekly
|
Weekly
|
Weekly
|
|
Dry cell batteries
|
Plastic bags provided, source-separated
|
Weekly
|
Weekly
|
Weekly
|
|
Newsprint
|
Bundled or paper bags, source-separated
|
Weekly
|
Weekly
|
Weekly
|
|
Corrugated cardboard
|
Bundled or paper bags, source-separated
|
N/A
|
N/A
|
Weekly or contracted
|
|
Office paper, high-grade (no glossy or color)
|
Bundled or paper bags, source-separated
|
N/A
|
N/A
|
Weekly or contracted
|
|
Christmas trees
|
N/A
|
Weekly
(12/26 to 1/31)
|
Weekly
(12/26 to 1/31)
|
Weekly
(12/26 to 1/31)
|
|
Grass clippings (effective year 2001)
|
Bags, per Township specification
|
Weekly
(4/1 to 10/15)
|
N/A
|
Weekly
(4/1 to 10/15)
|
|
Leaves (effective year 2001)
|
Bags, per Township specification
|
Weekly
(10/15 to 12/31)
|
N/A
|
Weekly
(10/15 to 12/31)
|
|
Mower-collected leaves (effective year 2001)
|
Bags, per Township specification
|
Weekly
(10/15 to 12/31)
|
N/A
|
Weekly
(10/15 to 12/31)
|
|
Yard waste (effective year 2001)
|
30-gallon container or 3 feet to 4 feet bundled
|
Weekly
|
N/A
|
Weekly
|
|
Tires
|
By weight
|
Weekly, as called
|
Weekly, as called
|
Weekly, as called
|
|
White goods
|
By type
|
Weekly, as called
|
Weekly, as called
|
Weekly, as called
|
[Amended 10-9-2006 by Ord. No. 2006-08]
A.
Regulated municipal waste and recyclable materials shall be collected
and transported so as to prevent public health hazards and nuisances.
B.
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.
C.
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.
D.
All collection practices shall conform to the rules and regulations
promulgated under Act 97, Act 101, this article and LCSWMA rules and
regulations.
A.
Residential customers may not place containers along streets for
pickup sooner than 3:00 p.m. on the day before the scheduled pickup.
B.
Customers shall not leave refuse and recycling containers at the
place of collection longer than 12 hours after the scheduled day of
collection.
C.
Residential customers shall place residential containers along streets
for pickup.
[Amended 7-8-2002 by Ord. No. 2002-11]
A.
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.
B.
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.
C.
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.
D.
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]
A.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
Each registered hauler shall be responsible for billing customers
for service provided.
(5)
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.
(6)
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.
(7)
Each registered hauler shall renew its registration annually.
(8)
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.
(9)
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.
B.
Obligation. In addition to the obligations imposed by this article,
the registered hauler shall:
(1)
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.
(2)
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.
(3)
Registered haulers shall not comingle source-separated recyclable
materials with regulated municipal waste.
(4)
Registered haulers shall not mix any source-separated recyclable
materials with any regulated municipal waste or with any solid waste.
(5)
Registered haulers shall collect designated source-separated recyclable
materials on the same day as regulated municipal waste.
C.
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.[1]
[1]
Editor's Note: Attachments A and B are on file in the Township
offices.
D.
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.
E.
Insurance coverage.
(1)
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.
(2)
Each registered hauler shall carry at least the following types and
amounts of insurance:
|
Coverage
|
Limits of Liability
| |
|---|---|---|
|
Worker's compensation
|
Statutory
| |
|
Employer's liability
|
$500,000
| |
|
Bodily injury liability, except automobile
|
$500,000 per person per occurrence
| |
|
Property damage liability, except automobile
|
$500,000 per occurrence
| |
|
Automobile bodily injury liability
|
$500,000 per person per occurrence; $1,000,000 aggregate
| |
|
Automobile property damage liability
|
$500,000 per occurrence
|
F.
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.
G.
Indemnification.
(1)
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.
(2)
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.
H.
Grounds for refusal, suspension or cancellation of license.
(1)
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:
(a)
Send a notice of violation with a reasonable amount of time to correct
the violation.
(b)
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.
(c)
Prohibit the right of the registered hauler to collect regulated
municipal waste or recyclable materials.
(2)
Any notice of violation, of suspension, or of prohibition shall specify
the section or sections of this article that have been violated.
(3)
Registered haulers shall promptly notify their customers of any suspension
or prohibition and provide proof thereof to the Township.
I.
Hearing and judicial review.
(1)
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.
(2)
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]
A.
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.
B.
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.
C.
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:
A.
Chemicals, poisons, explosives, radiological wastes and other hazardous
materials shall not be collected during regular pickups.
B.
Hazardous waste shall not be allowed to accumulate in violation of
Act 97, Act 101 or Lancaster County Solid Waste Management Authority
regulations.
C.
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]
A.
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.
B.
Registered haulers shall provide multiresidential and nonresidential
units the following:
(1)
Recycling containers at easily accessible locations for source separation
of designated recyclable materials.
(2)
Written instructions on the recycling plan.
(3)
Collection of source-separated designated recyclable materials at
a frequency of not less than once per month.
(4)
The property owner or the condominium association in case of condominiums
shall be responsible for carrying out the provisions of this subsection.
C.
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]
A.
It shall be unlawful for any person to:
(1)
Violate any provision of this article.
(2)
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:
(3)
Collect or remove regulated municipal waste or recyclable materials
if that person is not a registered hauler.
(4)
Permit the accumulation of residue of liquids, solids or a combination
of such material on the bottom or sides of containers.
(5)
Collect, transport or convey regulated municipal waste or recyclable
materials in nonconforming vehicles.
(6)
Scavenge any materials delivered and deposited for disposal.
(7)
Salvage or reclaim any solid wastes, except at a properly permitted
LCSWMA facility in which salvage is an integral part of the operation.
(8)
Make refuse available for animal consumption unless such refuse has
been heat-treated to kill any disease therein.
(9)
Use, maintain or operate an open dump.
(10)
Burn any solid waste, except in accordance with applicable ordinances
and statutes.
B.
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]
A.
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.
B.
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.
A.
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.
B.
The Township may inspect vehicles and equipment before being put
into operation and during operation. All vehicles must meet Pennsylvania
Department of Transportation regulations.
C.
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.
