[HISTORY: Adopted by the Borough Council of the Borough of
Mount Joy as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-13-1987 by Ord. No. 456 (Ch. 20, Part 2, of the
1992 Code of Ordinances)]
A.
BOROUGH
COUNTY
EXISTING CONTRACT
FACILITY
FULL SYSTEM OPERATION or FULLY OPERATIONAL
LCSWMA
PERSON
PLAN
POINT OF ENTRY INTO THE SYSTEM
RECYCLING
REGULATED MUNICIPAL WASTE
SOURCE SEPARATION
SYSTEM
TRANSFER FACILITY
The following terms shall have the following meanings in this article:
The Borough of Mount Joy, County of Lancaster, Commonwealth
of Pennsylvania.
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 Borough.
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 (LARA).
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 7, 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 Borough. This prohibition shall become
effective 120 days from the effective date of this section of this
article.
B.
Compliance with rules, regulations and ordinances. In carrying on
activities related to solid waste collection or transportation within
this Borough, 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 Borough 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.[1]
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 Borough 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 Borough 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 Borough. Disposal of regulated municipal waste at an existing facility from sources reflected on the notice to the Borough, the county, and LCSWMA, as provided in § 220-6C of this article, shall be permitted.
C.
Recycling. Nothing herein shall be deemed to prohibit source separation
or recycling or to affect any sites at which source separation or
recycling may take place.
A.
Compliance with county and LCSWMA regulations. The collection, transportation
and disposal of municipal waste present or generated within the Borough
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.[1]
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 § 220-11 hereof shall be deemed rules and regulations adopted under this article, and the county is hereby authorized to adopt such rules and regulations.
C.
Consistency of regulations with ordinance and other laws. No rules
or regulations adopted pursuant to this article shall be contrary
to or less stringent than the provisions of this article, the plan,
the county waste flow ordinance, the Pennsylvania Solid Waste Management
Act[2] 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.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
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 Borough 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 Borough as a municipal waste processing or disposal facility,
either for municipal waste generated within the Borough or elsewhere,
without the express written approval of the Borough, the county and
LCSWMA.
B.
Recycling. The prohibition set forth in § 220-6A of this article shall not interfere with the operation of any program for recycling.
C.
Existing facilities.
(1)
The prohibition set forth in § 220-6A of this article shall not interfere with the operation of any privately or publicly owned solid waste facility which has been issued a solid waste permit before the effective date of this article, provided:
(a)
The owner or operator of the facility provides written notice to
the county and the Borough of the facility permit number, address,
ownership and existing sources of waste no later than 60 days after
the effective date of this article;
(b)
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 Borough pursuant to this section; and
(c)
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.
(2)
Notices under this section shall be submitted to the county on behalf
of the Borough. The county may, by resolution, designate LCSWMA or
another authority or agency as the entity which will receive notice
pursuant to this section.
A.
Unlawful conduct. It shall be unlawful for any person to:
(1)
Accumulate or cause to be accumulated municipal waste in an amount
greater than 20 tons, other than waste which has been source-separated
for the purpose of recycling;
(2)
Violate or 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 of, regulated municipal waste generated within the Borough 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 § 220-6C of this article, without the express written consent of any municipality within which the facility is located, the county, and LCSWMA;
(4)
Collect or transport municipal waste present or generated within
the county without a valid license for disposal issued by LCSWMA;
(5)
Hinder, obstruct, prevent or interfere with the Borough, 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 9-14-1992 by Ord. No. 497]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine not less than
$150 nor exceeding $600 and costs and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.
Upon finding that any person has engaged in unlawful conduct as defined in this article, LCSWMA, the Borough, or the county may revoke any license issued by LCSWMA to that person in accordance with § 220-2 of this article, and LCSWMA may deny any subsequent application by that person for a license pursuant to § 220-2 hereof.
A.
Restraining violations. In addition to any other remedy provided in this article, the Borough, 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 § 220-8 hereof and revoke any licenses as authorized by § 220-9 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed by this
article shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the Borough, the county or LCSWMA from exercising
any other remedy provided by this article or otherwise provided at
law or equity.
[Amended 9-14-1992 by Ord. No. 497]
A.
Entry into intermunicipal agreement. In order to implement the intent
and terms of this article, the Borough, 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 Borough, the county, and other municipalities
within the County of Lancaster, which is on file at the Borough office,
together with such changes consistent with this article, if any, as
may be approved by the officials of the parties executing the same,
such execution to be conclusive evidence of such approval ("intermunicipal
agreement").[1]
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 to:
[1]
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]
Coordinate recycling activities and marketing; and
[3]
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.
(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 Borough 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 Borough 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 Borough 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 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 Borough 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 Borough are authorized and
directed to execute the intermunicipal agreement on behalf of the
Borough.
The Borough has been advised by the county that the plan proposes
to provide for solid waste processing and disposal facilities which
will be operated efficiently and economically by LCSWMA and in accordance
with all applicable laws and regulations, and also that LCSWMA will
impose reasonable charges, which will be uniform among all classes
of the users of the plant or plants from participating municipalities
which execute the intermunicipal agreement within 90 days of the date
upon which DEP grants preliminary approval to the plan. Charges may
differ for different categories of waste and for different points
of entry into the system.
The terms and provisions of this article are to be liberally
construed so as best to achieve and to effectuate the goals and purposes
hereof. This article shall be construed in part 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 11-5-2007 by Ord. No. 6-07]
Any term, if not defined in this article, shall have the meaning
as from time to time set forth in the LCSWMA rules and regulations,
which are incorporated into this article by reference. In addition,
as used in this article, the following terms shall have the following
meanings:
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as now or hereafter amended.[2]
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter
amended.[3]
All food and beverage cans made of the light-in-weight, ductile
and malleable metallic substance or element commonly known as "aluminum."
This description excludes aluminum foil, trays, plates, and miscellaneous
aluminum products.
Bags which LCSWMA makes available to generators of municipal
waste and which shall be used as disposal containers for batteries
which are generated in households.
Clear glass consists only of clear food and beverage containers
made of glass of one gallon or less capacity and comprised of the
hard, brittle and transparent or partially transparent substance produced
by fusion of silica and silicates or sand containing soda and lime
and/or other chemicals and substances usually included in the manufacture
of glass.
Colored glass consists only of green or brown food and beverage
containers made of glass of one gallon or less capacity and comprised
of the hard, brittle and transparent or partially transparent substance
produced by fusion of silica and silicates or sand containing soda
and lime and/or other chemicals and substances usually included in
the manufacture of glass.
The date upon which the current and subsequent municipal
contract collection services begin.
Designated recyclable materials:
Events that are sponsored by public or private agencies or
individuals, including but not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
A portion of municipal waste resulting from the construction
or demolition of buildings and other structures, including wood, plaster,
drywall and wall board, metals, asphaltic substances, bricks, block,
and unsegregated concrete. The term also includes street sweepings
and nonfriable asbestos waste. The term does not include the following
if they are separated from other waste and used as clean fill:
The person providing municipal contract waste and designated
recyclable materials collection services under the municipal contract.
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
The correct location for the placement of refuse containers
and recycling containers for the purpose of collection by the contractor,
which shall be:
Those source-separated recyclable materials designated in § 220-29 of this article.
Any municipal contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or designated
recyclable materials generated or located within the municipality
which:
Refuse containers which are in excess of the number of refuse
containers per collection site limit in the municipal contract.
A label which must be affixed to tires, white goods, oversized
refuse items, yard waste and extra refuse containers in order for
such items to be collected by the contractor.
Any specific site designated by LCSWMA (or approved by LCSWMA)
as the specific place or site to which solid waste or source-separated
recyclable materials, or any portion of solid waste or source-separated
recyclable materials, must or may be delivered; or, in the absence
of a specific site being designated by LCSWMA, any approved site for
the delivery of any category of solid waste or source-separated recyclable
materials.
A tract of land containing 10 or more acres which is used
for agricultural purposes, which agricultural activities provide the
major and primary source of income to the residents of the tract.
A person who produces or creates any solid waste.
Garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material, including
solid, liquid, semisolid or contained gaseous material, resulting
from municipal, commercial, industrial, institutional, mining or agricultural
operations and from community activities, or a combination of these
factors, which, because of its quantity, concentration or physical,
chemical or infectious characteristics, may:
The term does not include:
Coal refuse as defined in the Coal Refuse Disposal Control Act
(52 P.S. §§ 30.51 to 30.62);
Treatment sludges from coal mine drainage treatment plants,
disposal of which is being carried on under and in compliance with
a valid permit issued under the Clean Streams Law (35 P.S. §§ 691.1
to 691.1001);
Solid or dissolved material in domestic sewage;
Solid dissolved materials in irrigation return flows;
Industrial discharges which are point sources subject to permits
under Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
§ 1342); or
Source, special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011 to
2394).
Desktop-generated paper limited to white ledger, copy paper,
and computer printout (CPO).
A portion of municipal waste that would be considered hazardous
under Act 97 but for the fact that it is produced in quantities smaller
than those regulated as hazardous waste under Act 97 and is generated
by persons not otherwise covered as hazardous waste generators by
Act 97. "Household hazardous waste" includes the following materials
and other materials of a similar nature:
Antifreeze;
Batteries;
Chlorinated hydrocarbons;
Fluorescent light bulbs and other mercury-containing devices;
Gasoline and kerosene;
Grease and rust solvents;
Oven, toilet and drain cleaners;
Paints, rust preventatives, stains and wood preservatives;
Pesticides, fungicides, herbicides, insecticides, rodenticides
and roach and ant killers;
Photographic and pool chemicals;
Thinners, solvents and furniture strippers;
Transmission and brake fluids;
Used oil or other hydrocarbon-based lubricants; and
Wood, metal, rug and upholstery cleaners and polishes.
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act,[4] as amended.
Any facility owned or operated by or on behalf of LCSWMA.
A form supplied by LCSWMA to be completed and signed by each
person who collects or transports solid waste or source-separated
recyclable materials and which specifies, inter alia:
A property with five or more residential units, including,
without limitation, apartment complexes, condominium complexes, retirement
homes and mobile home parks, excluding farms.
The agreement between the municipality and a permitted collector
under which collection services are to be provided to residential
units for municipal contract waste and for designated recyclable materials.
Those portions of regulated municipal waste which are to
be collected and disposed of under this municipal contract. Municipal
contract waste consists exclusively of refuse and oversized refuse
items.
Mount Joy Borough.
The rules and regulations adopted and revised from time to
time by the municipality which govern and pertain to:
Paper which has been used for the production of daily, weekend
and special edition publications commonly known as "newspapers."
Nonprocessable waste is a portion of municipal waste consisting
of materials which cannot be handled by LCSWMA's normal processing
or disposal methods. Nonprocessable waste includes items greater than
six feet in any dimension, such as mattresses, large furniture and
recreational vehicles. Nonprocessable waste (oversized) may consist
of large auto parts, machines, and any other items deemed appropriate
by LCSWMA.
All commercial, municipal and institutional establishments,
all community activities and all farms, excluding residential units
and multifamily units.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
Refuse which will not fit into refuse containers, but which
is not nonprocessable waste, including small furniture, carpet, portable
televisions and the like, but excluding tires and white goods.
A person who is in possession of all pertinent permits and
licenses which may be required by:
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Recyclable plastics are identified on the bottom of the container
and consist of two types of containers, namely No. 1 PETE (such as
soda bottles) and No. 2 HDPE (such as milk, springwater, and detergent
bottles).
A portion of municipal waste consisting of organic waste
materials which, due to biological decomposition, are, or have a tendency
to be, rotten, foul, or odorous, including dead animals and spoiled
foods, but not including sludge.
Any material which would be regulated municipal waste but
for source separation and which will be processed into raw materials
or products which are beneficially reused.
The separation, collection, recovery and sale or reuse of
metals, glass, paper, yard waste, plastics and other materials which
would otherwise be disposed of or processed as solid waste or the
mechanized separation and treatment of solid waste and creation and
recovery of reusable materials.
For residential units, the term "recycling container" shall
refer to the container supplied by the municipality. For multifamily
units and nonresidential units, the term "recycling container" shall
refer to a receptacle which is constructed of plastic, metal or fiberglass
and has handles of adequate strength for lifting.
That portion of regulated municipal waste, except:
A receptacle which is constructed of plastic, metal, or fiberglass,
having handles of adequate strength for lifting and having a tight-fitting
lid capable of preventing entrance into the container by vectors or
a polyethylene bag which is specifically designed for storage and
collection, is protected against animal damage and overloading so
as to prevent littering or attraction of insects or rodents and has
a holding strength capable of withstanding normal stresses until it
is collected. With respect to residential units, the weight of a refuse
container and its contents shall not exceed 30 pounds, nor shall its
capacity exceed 32 gallons.
Any solid waste generated or collected within the municipality
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 meeting the definition of "residual waste" or "hazardous
waste" from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include designated recyclable materials
or unacceptable waste.
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a multifamily building containing four or
fewer dwelling units, excluding farms. When used in this article or
the municipality's policies and procedures, the term "residential
unit" shall also refer to any multifamily unit or nonresidential unit
that requests and receives approval from the municipality to use the
collection services provided under the municipal contract.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials,
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term does
not include:
The removal of designated recyclable materials in violation of § 220-33 of this article.
A system where recyclable materials, commonly fibers and
glass, metal and plastic containers, are collected and processed together.
Any waste, including but not limited to municipal, residual,
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
The process of separating, or the separation of, designated
recyclable materials from other solid waste at the location where
generated for the purpose of recycling.
The ferrous metal food or beverage containers commonly known
as "tin cans."
Any pneumatic rubber automobile, truck, or farm implement
tire.
The following types of solid waste are unacceptable waste
unless approved by LCSWMA on a case-by-case basis:
Chemotherapeutic waste;
Drums, barrels, buckets and paint cans, unless lids have been
removed and interiors are cleaned and free of any residue;
Explosives and ordnance materials;
Gas cylinders, unless empty and delivered separate from other
solid waste;
Hazardous waste;
Infectious/pathological waste; and
Radioactive materials.
A portion of regulated municipal waste consisting of large
appliances, including the following: clothes washers, clothes dryers,
dishwashers, freezers, refrigerators, stoves, ovens, hot-water heaters,
air conditioners, dehumidifiers, furnaces and electrical heaters.
All garden residues, leaves, shrubbery, tree trimmings, grass
clippings, and sod.
All persons within the municipality shall source-separate designated
recyclable materials generated by such person or generated within
a residential unit, multifamily unit or nonresidential unit occupied
by such person.
Each person who owns or occupies a residential unit, multifamily
unit or nonresidential unit within the municipality shall ensure that
regulated municipal waste and designated recyclable material generated
at such residential unit, multifamily unit or nonresidential unit
are collected and disposed of in accordance with this article, the
municipality's policies and procedures, and LCSWMA rules and
regulations.
Collection services for municipal contract waste and for designated
recyclable materials shall be provided to residential units by the
contractor. Each person who owns or occupies a residential unit shall
prepare designated recyclable materials and municipal contract waste
for collection in accordance with the municipality's policies
and procedures. With respect to regulated municipal waste which is
not municipal contract waste, persons who own or occupy residential
units shall elect to provide proper on-site collection and disposal
by either:
A.
Each person who owns or occupies a nonresidential unit or multifamily
unit shall provide proper collection and disposal for regulated municipal
waste and designated recyclable materials by utilizing a permitted
collector to collect and deliver such materials to a facility. With
respect to municipal contract waste and designated recyclable materials,
a person who owns or occupies a multifamily unit or nonresidential
unit may request municipality approval to receive the services under
the municipal contract.
B.
Each person who owns or occupies a multifamily unit or nonresidential unit approved to receive services under the municipal contract shall comply with the municipality's policies and procedures established for residential units and, notwithstanding the provisions of § 220-29B and C of this article, shall source-separate the recyclable materials designated in § 220-29A.
C.
Each person who owns a multifamily unit or nonresidential unit that
does not receive services under the municipal contract shall:
(1)
Provide recycling containers at easily accessible locations for source
separation of designated recyclable materials;
(2)
Provide written instructions to all persons occupying each multifamily
unit and nonresidential unit to ensure that all designated recyclable
materials are source-separated; and
(3)
Provide collection and delivery of source-separated designated recyclable
materials at a frequency of not less than once per month.
A.
With respect to municipal contract waste and designated recyclable
materials, no person other than the contractor shall collect, transport,
store, process or dispose of such contract waste. With respect to
regulated municipal waste other than municipal contract waste which
is generated at residential units and regulated municipal waste or
designated recyclable materials generated at multifamily units or
nonresidential units, no person other than a permitted collector shall
collect, store, process or dispose of such waste. (Collection of leaves/yard
waste may be arranged by the municipality in accordance with the municipality's
policies and procedures.) Each permitted collector that collects or
transports regulated municipal waste or designated recyclable materials
generated in any residential unit, nonresidential unit or multifamily
unit shall complete monthly LCSWMA manifests reporting the amount
of regulated municipal waste and designated recyclable material collected
in the municipality.
B.
No person who generates, owns or possesses designated recyclable
materials or regulated municipal waste shall, by contract for collection
services or otherwise, cause, permit or assist in the collection,
storage, processing or disposal of such waste by any person other
than the contractor with respect to municipal contract waste or designated
recyclable materials generated at residential units and a permitted
collector with respect to regulated municipal waste other than municipal
contract waste generated at residential units and regulated municipal
waste or designated recyclable materials generated at multifamily
units or nonresidential units. (Collection of leaves/yard waste may
be arranged by the municipality in accordance with the municipality's
policies and procedures.)
C.
No permitted collector who collects or disposes of designated recyclable materials or regulated municipal waste shall, by municipal contract for such services or otherwise, cause, permit or assist in the storage, collection, processing or disposal of designated recyclable materials in a manner which treats such materials as regulated municipal waste or which is otherwise inconsistent with source separation or recycling. Any delivery of designated recyclable materials to a LCSWMA facility in accordance with the LCSWMA rules and regulations shall be deemed to satisfy the requirements of this § 220-30C.
E.
All regulated municipal waste and designated recyclable materials
generated or collected in the municipality shall be delivered directly
to a facility in accordance with the LCSWMA rules and regulations
and without any intervening transfer, unloading, processing, sorting,
salvaging, scavenging, or reuse of any portion of any load of such
regulated municipal waste and designated recyclable materials from
the time of its collection until the time of its delivery to the facility.
F.
Each permitted collector shall collect and deliver, separately to
a LCSWMA facility battery dropoff location, all battery bags placed
at curbside by residential units.
A.
No person shall store, process or dispose of any regulated municipal waste or designated recyclable materials except at a facility. Notwithstanding the foregoing or § 220-29, yard waste may be composted, to the extent and in the manner provided in the municipality's policies and procedures, on the property on which such yard waste was generated.
B.
No person shall process or dispose of any designated recyclable materials
through open burning.
Fees for services provided by the municipality shall be charged
to all residential units within the municipality. The amount of fees
and the schedule for payment of fees shall be as adopted by resolution
from time to time by the elected body of the municipality. The municipality's
policies and procedures may provide for the amount of annual fees,
dates fees are due, interest and penalties for late payments and provisions
for municipal liens and attorneys' fees for unpaid collection
service fees.
From the time of placement for collection of any designated
recyclable materials, all such designated recyclable materials shall
be the property of the generator or the permitted collector who has
contracted to provide on-site collection, as provided in the municipal
contract. It shall be a violation of this article for any person,
other than such permitted collector, to collect or pick up, or cause
to be collected or picked up, any such designated recyclable materials.
(Collection of leaves/yard waste may be arranged by the municipality
in accordance with the municipality's policies and procedures.)
A.
Nothing in this article shall be construed to impair the obligations
of any existing contract.
B.
No renewal or modification of any existing contract, and no new contract
for the storage, on-site collection, processing or disposal of regulated
municipal waste or designated recyclable materials, shall be entered
into after the effective date of this article unless such renewal
or modification or new contract shall conform to the requirements
of this article and the municipality's policies and procedures.
C.
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this § 220-34 shall provide for on-site collection services to be performed after the commencement date for contract waste or designated recyclable materials generated at residential units. This provision shall not apply to the contract between the municipality and the contractor. With respect to any contract which violates this § 220-34C, such contract shall be deemed void, and the hauler that is a party to such contract:
A.
The municipality shall have the power to issue the municipality's
policies and procedures governing all matters set forth in this article
and any other related matters deemed necessary or convenient by the
municipality. The municipality's policies and procedures shall
be effective when issued in writing and signed by the Manager of the
municipality. The municipality shall have the power to establish record
and reporting requirements and standards and procedures for the issuance,
administration and revocation of licenses, as deemed necessary, including
without limitation:
(1)
Application procedures, fees, standards and conditions for licenses;
(2)
The fixing of a monetary bond, with or without surety, to secure
the compliance by any permitted collector with any such requirements,
standards or procedures; and
(3)
Any other matters deemed necessary or convenient by the municipality.
B.
In the event of suspension or revocation of any license which is
issued by the municipality or LCSWMA, the person whose collection
permit is suspended or revoked shall refund to each customer any prepaid
fees.
It shall be unlawful for any person to violate or cause or permit
or assist in the violation of any provision of this article or any
provision of the municipality's policies and procedures. All
unlawful conduct shall also constitute a public nuisance.
Any person violating any provision of this article or any provision
of the municipality's policies and procedures shall, upon conviction
thereof in a summary proceeding, be sentenced, for each violation,
to pay a fine of not more than $100 and costs of prosecution. Each
violation of any provision of this article or of any provision of
the municipality's policies and procedures, and each day that
such a violation shall exist, shall constitute a separate violation
and offense.
For purposes of the obligations established by this article
or the municipality's policies and procedures, and for purposes
of any fine, penalty, imprisonment or other sanction, the terms "person,"
"residential unit," "multifamily unit" and "nonresidential unit" shall:
In addition to any other remedy provided in this article, the
municipality may institute proceedings to restrain any violation of,
or to require compliance with, this article and/or the municipality's
policies and procedures.
The penalties and remedies set forth in this article are in
addition to, not in lieu of, any fines, penalties or remedies provided
in the municipality's policies and procedures. The existence
or exercise of any remedy shall not prevent the municipality from
exercising any other remedy provided under this article or the municipality's
policies and procedures or available at law or equity.
Any ordinances which pertain to regulated municipal waste or
designated recyclable materials are hereby repealed to the extent
of any inconsistency with this article.
