[Ord. 2004-1, 3/9/2004, § 1]
Any capitalized term, if not defined in this Part, shall have the meaning as from time to time set forth in the LCSWMA Rules and Regulations which are incorporated into this Part by reference. In addition, as used in this Part, the following terms shall have the following meanings:
ACT 97The Solid Waste Management Act, Act of July 7, 1980, P.S. 380, No. 97, as now or hereafter amended.
ACT 101The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter amended.
ALUMINUMAll 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.
BATTERY BAGSBags which LCSWMA makes available to generators of municipal waste and which shall be used as disposal containers for batteries which are generated in households.
BOROUGHThe Borough of Strasburg, Lancaster County, Pennsylvania.
BOROUGH'S POLICIES AND PROCEDURESThe rules and regulations adopted and revised from time to time by the Borough which govern and pertain to (i) the Borough's recycling program and (ii) the onsite collection or storage of regulated municipal waste within the Borough.
CLEAR GLASSClear 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 GLASSColored 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.
COMMENCEMENT DATEApril 1, 2004, the date upon which the Borough's recycling program and permitted collector program begin.
COMMINGLEDDesignated recyclable materials (i) which have been segregated from regulated municipal waste but which have not been separated into different types of recyclable materials and (ii) which have been placed in a recycling container for the purpose of collection.
COMMUNITY ACTIVITIESEvents 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.
COMPOSTINGThe process by which solid organic waste is biologically decomposed under controlled aerobic or anaerobic conditions to yield a humus-like product.
CURBSIDEThe correct location for the placement of refuse containers and recycling containers for the purpose of collection by the permitted collector, which shall be (i) adjacent to the residential unit and (ii) no more than five feet from the public street used by collection vehicles.
CUSTOMERA person who independently contracts with a permitted collector for the collection of regulated municipal waste and designated recyclable materials.
EXISTING CONTRACTAny contract for the storage, collection, transportation, processing or disposal of regulated municipal waste or designated recyclable materials generated or located within the Borough which (i) was legally entered into prior to the effective date of this Part and (ii) when entered into was legally enforceable.
FACILITYAny 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.
FARMA 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.
GENERATORA person who produces or creates any solid waste.
HAZARDOUS WASTEGarbage, 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:
(1) Cause or significantly contribute to an increase in mortality or morbidity in either an individual or the total population.
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
| The term does not include (i) coal refuse as defined in the Coal Refuse Disposal Control Act (52 U.S.C.A. § 30.51-30.62), (ii) 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. §§ 691.1691.1001), (iii) solid or dissolved material in domestic sewage, (iv) solid dissolved materials in irrigation return flows, (v) industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1342) or (vi) source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394). |
LCSWMAThe Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act, as amended.
MANIFESTA 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, (i) the source, type, quantity and delivery point for the solid waste or source separated recyclable materials, (ii) the applicable license number and (iii) other pertinent information.
MULTIFAMILY UNITA property which contains four or more residential units, including without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks, excluding farms.
NEWSPRINTPaper which has been used for the production of daily, weekend and special edition publications commonly known as newspapers.
NONRESIDENTIAL UNITSAll commercial, municipal and institutional establishments, all community activities and all farms, excluding residential units and multifamily units.
OPEN BURNINGA fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
PERMITTED COLLECTORA person who is in possession of all pertinent permits and licenses which may be required by (i) the Commonwealth and LCSWMA for the offsite collection, transportation, storage or disposal of solid waste or recyclable materials and (ii) the Borough for the onsite collection of solid waste or recyclable materials generated within the Borough.
PERSONAny 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.
PLASTICSRecyclable plastics are identified on the bottom of the container and consist of two types of containers, namely; #1 PETE (such as soda bottles) and #2 HDPE (such as milk, spring water and detergent bottles).
RECYCLABLE MATERIALSAny material which would be regulated municipal waste but for source separation and which will be processed into raw materials or products or which are beneficially reused.
RECYCLINGThe 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.
RECYCLING CONTAINERFor residential units, the term "recycling container" shall refer to the container supplied by the Borough. 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 adequate strength for lifting.
REFUSE CONTAINERA container which is (i) constructed of plastic, metal or fiberglass, and which has handles of adequate strength for lifting and a tight fitting lid capable of preventing entrance into the container by vectors or (ii) 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.
REGULATED MUNICIPAL WASTEAny solid waste generated or collected within the Borough which is garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous materials, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not 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.
RESIDENTIAL UNITAny single-family detached, semidetached or townhouse dwelling, or a dwelling unit within a building containing three on fewer dwelling units, excluding farms.
RESIDUAL WASTEAny 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 (i) coal refuse as defined in the Coal Refuse Disposal Act or (ii) 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.
SCAVENGINGThe removal of designated recyclable materials in violation of $111 of this Part.
SINGLE STREAMA system where recyclable materials; commonly fibers and glass, metal and plastic containers; are collected and processed together.
SOLID WASTE OR WASTEAny waste including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
SOURCE SEPARATE or SOURCE SEPARATIONThe process of separating, or the separation of, designated recyclable materials from other solid waste at the location where generated for the purpose of recycling.
STEEL CANSThe ferrous metal food or beverage containers commonly known as tin cans.
TIRESAny pneumatic rubber automobile, truck or farm implement tire.
UNACCEPTABLE WASTEThe following types of solid waste are unacceptable waste unless approved by LCSWMA on a case-by-case basis:
(2) Drums, barrels, buckets and paint cans unless lids have been removed and interiors are cleaned and free of any residue.
(3) Explosives and ordinance materials.
(4) Gas cylinders, unless empty and delivered separate from other solid waste.
(6) Infectious/pathological waste.
WHITEGOODSA 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.
YARD WASTEAll garden residues, leaves, shrubbery, tree trimmings, grass clippings and sod.