[Ord. 251, 12/12/2005, § 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:
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97, as now or hereafter amended.
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.
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 (a) which have been segregated
from regulated municipal waste, but which have not been separated
into different types of recyclable materials and (b) which have been
placed in a recycling container for the purpose of collection.
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 (a) adjacent to the residential unit and (b) no more
than five feet from the public street used by collection vehicles.
Those source-separated recyclable materials designated in
§ 306 of this Part.
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 (a) was legally entered into prior to the effective date of
this Part and (b) when entered into was legally enforceable.
Refuse containers that 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 or 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:
Cause or significantly contribute to an increase in mortality
or morbidity in either an individual or the total population; or
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:
| |
|
(a)
|
Coal refuse as defined in the Coal Refuse Disposal Control Act
(52 U.S.C.A. §§ 30.51-30.62);
|
|
(b)
|
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);
|
|
(c)
|
Solid or dissolved material in domestic sewage;
|
|
(d)
|
Solid dissolved materials in irrigation return flows;
|
|
(e)
|
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
|
|
(f)
|
Source, special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).
|
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,
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, 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) the source,
type, quantity and delivery point for the solid waste or source-separated
recyclable materials, (b) the applicable license number and (c) other
pertinent information.
A property with four 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.
Mountville Borough.
The rules and regulations adopted and revised from time to
time by the Municipality which govern and pertain to (a) the Municipality's
recycling program and (b) the on-site collection or storage of regulated
municipal waste within the Municipality.
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 establishment,
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 (a) the Municipality and (b) LCSWMA,
for the collection, storage or disposal of solid waste or recyclable
materials.
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: #1 PETE (such as soda
bottles) and #2 HDPE (such as milk, spring water, 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.
Refuse is that portion of regulated municipal waste except:
A receptacle which is (a) 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 (b) a polyethylene bag which (i) is specifically designed
for storage and collection, (ii) is protected against animal damage
and overloading so as to prevent littering or attraction of insects
or rodents and (iii) 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 three
or fewer dwelling units, excluding farms. When used in this Part 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 (a) coal refuse as defined in the Coal Refuse Disposal
Control Act or (b) 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.
The removal of designated recyclable materials in violation
of § 10 of this Part.
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.
Pneumatic rubber automobile, truck, or farm implement tires.
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 up
to six inches in diameter, grass clippings, and sod.
[Ord. 251, 12/12/2005, § 2]
All persons occupying residential and multifamily units within
the Municipality shall source-separate designated recyclable materials
generated by such person or generated within a residential unit or
multifamily unit occupied by such person.
[Ord. 251, 12/12/2005, § 3]
Each person who owns or occupies a residential unit or multifamily
unit within the Municipality shall ensure that regulated municipal
waste and designated recyclable material generated at such residential
unit or multifamily unit are collected and disposed of in accordance
with this Part, the Municipality's policies and procedures, and LCSWMA
rules and regulations.
[Ord. 251, 12/12/2005, § 4]
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) themselves delivering such materials to a facility or (b) utilizing
a permitted collector to collect and deliver such materials to a facility.
[Ord. 251, 12/12/2005, § 5]
1.
Each person who owns or occupies a 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 may request municipality approval to
receive the services under the municipal contract.
2.
Each person who owns or occupies a nonresidential unit shall provide
proper collection and disposal for regulated municipal waste by utilizing
a permitted collector to collect and deliver such materials to a facility.
Each person who owns or occupies a nonresidential unit is not required,
but encouraged to source-separate designated recyclable materials.
With respect to municipal contract waste and designated recyclable
materials, a person who owns or occupies a nonresidential unit may
request municipality approval to receive the services under the municipal
contract.
3.
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 § 306(2)
and (3) of this Part, shall source separate the recyclable materials
designated in § 306(1).
4.
Each person who owns a multifamily unit that does not receive services
under the municipal contract shall:
A.
Provide recycling containers at easily accessible locations for source
separation of designated recyclable materials;
B.
Provide written instructions to all persons occupying each multifamily
unit to ensure that all designated recyclable materials are source
separated; and
C.
Provide collection and delivery of source-separated designated recyclable
materials at a frequency of not less than once per month.
[Ord. 251, 12/12/2005, § 7]
1.
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. 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.
2.
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.
3.
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 section.
4.
Notwithstanding the provisions of § 307(1) and (2) above,
any person who occupies a residential unit may deliver to a facility
the regulated municipal waste and designated recyclable materials
which were generated at such person's residence.
5.
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.
6.
Each permitted collector shall collect and deliver, separately to
a LCSWMA facility battery dropoff location, all battery bags placed
at curbside by residential units.
[Ord. 251, 12/12/2005, § 8]
1.
No person shall store, process or dispose of any regulated municipal
waste or designated recyclable materials except at a facility. Notwithstanding
the foregoing or § 306, 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.
2.
No person shall process or dispose of any designated recyclable materials
through open burning.
[Ord. 251, 12/12/2005, § 9]
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.[1] 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 attorney's
fees for unpaid collection service fees.
[Ord. 251, 12/12/2005, § 10]
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 Part 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.
[Ord. 251, 12/12/2005, § 11]
1.
Nothing in this Part shall be construed to impair the obligations
of any existing contract.
2.
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 Part unless such renewal or
modification or new contract shall conform to the requirements of
this Part and the Municipality's policies and procedures.
3.
No contract which is entered into, renewed, extended, modified or
assigned after the effective date of this section 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 subsection, such contract shall be deemed void
and the hauler that is a party to such contract shall reimburse to
the applicable residential units any funds which have been paid for
such on-site collection services and shall not collect or attempt
to collect any funds for such on-site collection services.
[Ord. 251, 12/12/2005, § 12]
1.
The Municipality shall have the power to issue the Municipality's
policies and procedures governing all matters set forth in this Part
and any other related matters be necessary or convenient by the Municipality.
The Municipality's policies and procedures shall be effective when
issued in writing and signed by the Secretary 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;
A.
Application procedures, fees, standards and conditions for licenses;
B.
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
C.
Any other matters deemed necessary or convenient by the Municipality.
2.
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.
[Ord. 251, 12/12/2005, § 13]
It shall be unlawful for any person to violate, or cause or
permit or assist in the violation of, any provision of this Part or
any provision of the Municipality's policies and procedures. All unlawful
conduct shall also constitute a public nuisance.
[Ord. 251, 12/12/2005, § 14]
Any person violating any provision of this Part 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 $300 and costs of prosecution and, in
default of the payment of such fine and costs, to undergo imprisonment
for not more than 10 days. Each violation of any provision of this
Part 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.
[Ord. 251, 12/12/2005, § 15]
For purposes of the obligations established by this Part 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
include officers and directors of any corporation or other legal entity
having officers and directors and refer to, and impose joint and several
liability upon, both the persons residing in or occupying any such
residential, multifamily or nonresidential units and the owner, landlord,
condominium owner's association and/or agent of an owner, landlord
or condominium owner's association of such premises.
[Ord. 251, 12/12/2005, § 16]
In addition to any other remedy provided in this Part, the Municipality
may institute proceedings to restrain any violation of, or to require
compliance with, this Part and/or the Municipality's policies and
procedures.
[Ord. 251, 12/12/2005, § 17]
The penalties and remedies set forth in this Part 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 Part or the Municipality's policies
and procedures, or available at law or equity.
[Ord. 251, 12/12/2005, § 18]
Any ordinances which pertain to regulated municipal waste or
designated recyclable materials, are hereby repealed to the extent
of any inconsistency with this Part.
