Any capitalized term, if not defined in this chapter, shall
have the meaning as from time to time set forth in the LCSWMA Rules
and Regulations which are incorporated into this chapter by reference.
In addition, as used in this chapter, the following terms shall have
the following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter
amended.
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97, as now or hereafter amended.
ALUMINUM
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.
BATTERY BAGS
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
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
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.
COMMINGLED
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.
COMMUNITY ACTIVITIES
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.
COMPOSTING
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
CORRUGATED CARDBOARD
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
CURBSIDE
The correct location for the placement of refuse containers
and recycling containers for the purpose of collection by the permitted
collector, which shall be:
A.
Adjacent to the residential unit; and
B.
No more than five feet from the public street used by collection
vehicles.
CUSTOMER
A person who independently contracts with a permitted collector
for the collection of regulated municipal waste and designated recyclable
materials.
EXISTING CONTRACT
Any 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
chapter; and
B.
When entered into was legally enforceable.
FACILITY
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.
FARM
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.
GENERATOR
A person who produces or creates any solid waste.
HAZARDOUS WASTE
A.
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:
(1)
Cause or significantly contribute to an increase in mortality
or morbidity in either an individual or the total population; or
(2)
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
B.
The term does not include.
(1)
Coal refuse as defined in the Coal Refuse Disposal Control Act
(52 U.S.C.A. §§ 30.51 to 30.62);
(2)
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);
(3)
Solid or dissolved material in domestic sewage;
(4)
Solid dissolved materials in irrigation return flows;
(5)
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
(6)
Source, special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011
to 2394).
HOUSEHOLD HAZARDOUS WASTE
A portion of municipal waste that would be considered hazardous
under Act 97 but for the fact that it is produced in quantities smaller
than those regulated as Hazardous Waste under Act 97 and is generated
by persons not otherwise covered as hazardous waste generators by
Act 97. "Household hazardous waste" includes the following materials
and other materials of a similar nature:
C.
Chlorinated hydrocarbons;
D.
Fluorescent light bulbs and other mercury-containing devices;
F.
Grease and rust solvents;
G.
Oven, toilet and drain cleaners;
H.
Paints, rust preventatives, stains and wood preservatives;
I.
Pesticides, fungicides, herbicides, insecticides, rodenticides,
roach and ant killers;
J.
Photographic and pool chemicals;
K.
Thinners, solvents and furniture strippers;
L.
Transmission and brake fluids;
M.
Used oil or other hydrocarbon based lubricants; and
N.
Wood, metal, rug and upholstery cleaners and polishes.
LCSWMA
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act, as amended.
MANIFEST
A form supplied by LCSWMA to be completed and signed by each
person who collects 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.
MULTIFAMILY UNIT
A property which contains four or more residential units,
including without limitation, apartment complexes, condominium complexes,
retirement homes and mobile home parks, excluding farms.
MUNICIPALITY
The Borough of Columbia, Lancaster County, Pennsylvania.
MUNICIPALITY'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to
time by resolution of the Borough Council of 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.
NEWSPRINT
Paper which has been used for the production of daily, weekend
and special edition publications commonly known as newspapers.
NONRESIDENTIAL UNITS
All commercial, municipal and institutional establishments,
all community activities and all farms, excluding residential units
and multifamily units.
OPEN BURNING
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
PERMITTED COLLECTOR
A person who is in possession of all pertinent permits and
licenses which may be required by:
A.
The Commonwealth of Pennsylvania and LCSWMA for the off-site
collection, transportation, storage or disposal of solid waste or
recyclable materials; and
B.
The municipality for the on-site collection of solid waste or
recyclable materials generated within the municipality.
PERSON
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.
PLASTICS
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).
RECYCLABLE MATERIALS
Any 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.
RECYCLING
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.
RECYCLING CONTAINER
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 adequate strength for lifting.
REFUSE CONTAINER
A container which is 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.
[Amended 5-14-2018 by Ord. No.
898]
REGULATED MUNICIPAL WASTE
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
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 UNIT
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a building containing three or fewer dwelling
units, excluding farms.
RESIDUAL WASTE
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 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.
SCAVENGING
The removal of designated recyclable materials in violation of §
181-10 of this chapter.
SINGLE STREAM
A system where recyclable materials; commonly fibers and
glass, metal and plastic containers; are collected and processed together.
SOLID WASTE or WASTE
Any waste, including but not limited to municipal, residual,
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
SOURCE SEPARATE or SOURCE SEPARATION
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.
STEEL CANS
The ferrous metal food or beverage containers commonly known
as "tin cans."
TIRES
Any pneumatic rubber automobile, truck, or farm implement
tire.
UNACCEPTABLE WASTE
The following types of solid waste are unacceptable waste
unless approved by LCSWMA on a case-by-case basis:
B.
Drums, barrels, buckets and paint cans unless lids have been
removed and interiors are cleaned and free of any residue;
C.
Explosives and ordnance materials;
D.
Gas cylinders, unless empty and delivered separate from other
solid waste;
F.
Infectious/pathological waste; and
WHITE GOODS
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.
YARD WASTE
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 materials generated
at such residential unit, multifamily unit or nonresidential unit
are collected and disposed of in accordance with this chapter, the
municipality's policies and procedures, and the LCSWMA Rules
and Regulations.
Each person who owns or occupies a residential unit shall provide
proper collection and disposal of regulated municipal waste and designated
recyclable materials generated at such residential units 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.
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. It shall be a violation
of this chapter 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.
The municipality shall have the power to issue the municipality's
policies and procedures governing all matters set forth in this chapter
and any other related matters deemed necessary or convenient by the
municipality. The municipality's policies and procedures shall
be effective when adopted by resolution of Borough Council 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 permits, as deemed necessary, including
without limitation, application procedures, fees, standards and conditions
for permits; 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 any other matters deemed
necessary or convenient by the municipality. In the event of suspension
or revocation of any permit which is issued by the municipality and/or
license issued by LCSWMA, the person whose permit or license is suspended
or revoked shall refund to each customer any prepaid fees.
[Amended 9-12-2016 by Ord. No. 870]
The following activities are prohibited:
A. Disposing of refuse, litter, residual waste, regulated municipal
waste, recyclable materials or solid waste in any way contrary to
the provisions of this chapter. This prohibition shall not apply to
the following situations:
(1) Refuse disposed of on premises owned or leased by the generator of
the refuse, provided that it is disposed of in a safe, sanitary and
nuisance-free manner and provided that it is disposed of in compliance
with all applicable laws, rules, regulations and ordinances.
(2) Manure, fertilizer and refuse used as fertilizer in gardening or
farming.
(3) Dead household pets interred in places set apart for that purpose.
(4) Soil, earth, sand, clay, gravel, loam, ashes, slate, stones, bricks,
plaster, cement, leaves, branches, trees, sawdust, chips, shavings,
wood, grass, straw and corn fodder when used as filler, provided that
it is done in a safe and sanitary manner.
B. Allowing a hauler without a license (a nonlicensed hauler) to collect
or remove regulated municipal waste or designated recyclable materials
from a residential unit, multifamily dwelling unit or nonresidential
unit.
C. Permitting the accumulation of residue of liquids, solids or a combination
thereof on the bottom or sides of refuse containers or recycling containers.
D. Violating the provisions hereof regarding the storage of regulated
municipal waste and recyclable materials.
E. Failing to source separate designated recyclable materials.
F. Failing to comply with the provisions hereof regarding the placing
of refuse containers and recycling containers for collection.
G. Failing to comply with the provisions hereof regarding the preconditioning
or cleansing of designated recyclable materials and regulated municipal
waste.
H. Collecting, transporting or conveying regulated municipal waste and
designated recyclable materials in nonconforming vehicles.
I. Violating any other provision of this chapter.
For purposes of the obligations established by this chapter
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:
A. Include
officers and directors of any corporation or other legal entity having
officers and directors; and
B. Refer
to, and impose joint and several liability upon, both:
(1) The
person residing in or occupying any such residential, multifamily
or nonresidential units; and
(2) The
owner, landlord, condominium owner's association and/or agent
of an owner, landlord or condominium owner's association of such
premises.
In addition to any other remedy provided in this chapter, the
municipality may institute proceedings to restrain any violation of,
or to require compliance with, this chapter.
The existence or exercise of any remedy provided by this chapter
shall not prevent the municipality from exercising any other remedy
available at law or equity.
Any other ordinances which pertain to regulated municipal waste
or designated recyclable materials, are hereby repealed to the extent
of any inconsistency with this chapter.
[Added 9-12-2016 by Ord.
No. 870]
A. Any person affected by any notice (including notices of denial of
application for or revocation of a permit or license) issued by the
Code Enforcement Officer in connection with the enforcement or operation
of any provision hereof or any of the Borough's Policies and
Procedures shall have the right to request a hearing on the matter
before the Board of Health; provided that such person shall file,
in the office of the Borough Manager of the Borough, a written petition
requesting such hearing containing a statement of the factual grounds
thereafter and a statement of any legal grounds therefor within 20
days after the notice was served upon such person. For purposes hereof,
service shall mean the date personally served or placed into the United
States Mail, postage prepaid, by the Code Enforcement Officer. If
any licensed hauler appeals the revocation, suspension or refusal
by the Borough to issue a license, such appeal shall be accompanied
by an appeal fee to be established from time to time by resolution
of Council.
B. The Board shall set a time and place for the hearing and shall give
the Borough and the person filing the petition advance notice of the
time and place for such hearing. At such hearing, the petitioner shall
have the right and opportunity to be heard, to present evidence and
to show cause why such notice should be modified or withdraw.
C. The Board shall have the power to subpoena witnesses and documents
required for the hearing, to administer oaths and to examine witnesses.
Testimony shall be stenographically recorded by the Board. The Board
shall not be bound by technical rules of evidence at hearings and
the Board may receive any and all relevant evidence which it, in its
sole discretion, ascertains to be of reasonably probative value.
D. Within 60 days after such hearing, the Board shall issue a written
decision sustaining, modifying or withdrawing the notice. After a
hearing, in the case of any notice suspending or revoking any license
or permit required and issued pursuant to this chapter or the Borough's
Policies and Procedures, if such notice has been sustained by the
Board, any such license or permit which has been suspended or revoked
by a notice shall be deemed to be automatically revoked or suspended
in accordance with the terms of the notice, if no petition for hearing
is filed in the office of the Borough Manager within 20 days after
such notice is served.
E. The proceedings of such hearing, including the findings and decision
of the Board, shall be summarized, reduced to writing and entered
into the records of the Board.
F. Any person aggrieved by a decision of the Board may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
the Commonwealth of Pennsylvania.
[Added 9-12-2016 by Ord.
No. 870]
A. No person shall throw, place, deposit or cause or permit the dumping,
depositing, placing, throwing or leaving of litter or other refuse
on any sidewalk, street, alley or other public place, or upon any
private property, except in proper receptacles for collection.
B. No person may throw, place, deposit or cause or permit the dropping,
depositing, placing, throwing or leaving of regulated municipal waste
originating from a residential unit, multifamily dwelling unit or
nonresidential unit which is of a type which can and should be handled
for collection and transportation in accordance with the other provisions
of Article III of this chapter in public trash receptacles or containers.
C. No person shall deposit refuse in any stream or body of water.
D. No person shall deposit, throw or place refuse on the property of
another without the consent of the owner.
E. No person, except the occupants of the property on which a refuse
container is placed and a licensed hauler, shall remove the lids on
or from such refuse containers, except for the loading and unloading
of refuse, or remove the contents thereof.
F. Persons owning, renting and/or occupying property in the Borough
shall keep the sidewalks in the front, rear and side(s) of their premises
broom clean and free of litter and refuse. No person shall sweep or
deposit litter or refuse into any gutter, street, alley or public
place within the Borough from any building, property, or public or
private sidewalk or driveway.
G. Persons owning, occupying or operating places of business within
the Borough shall keep the sidewalks and the front, rear and side(s)
of their business broom clean and free of litter or refuse. No such
person shall sweep or deposit such litter or refuse into any gutter,
street, alley or public place within the Borough.
H. No empty boxes, barrels, appliances, furniture, household fixtures,
commercial fixtures or any other refuse of any kind shall be left
upon any pavement, sidewalk, street or alley within the Borough except
in accordance the provisions of this chapter.
I. Compost piles not located within the front or side yard of any lot
shall be permitted on such premises so long as such compost pile does
not create a health hazard or nuisance.
J. The removal of wearing apparel, bedding or other refuse from homes
or other places where highly infectious or contagious diseases have
prevailed shall be performed under the direction and supervision of
the Code Enforcement Officer in accordance with all applicable laws
and rules and regulations, including those which may be adopted from
time to time by the Borough or the Board of Health.
K. Hazardous waste shall not be placed in any refuse containers for
collection and shall be collected and disposed of under the direction
and supervision of the Code Enforcement Officer in accordance with
all applicable laws and rules and regulations, including those which
may be adopted from time to time by the Borough or the Board of Health.
L. No person shall store, process or dispose of any regulated municipal
waste or designated recyclable materials except at a facility. Notwithstanding
the foregoing, yard waste may be composted in compost piles, as set
forth herein, on the property on which the yard waste was generated.
M. From the time of placement for collection of any designated recyclable
materials, all such designated recyclable materials shall be the property
of the generator of the same or the licensed hauler who has contracted
to provide collection. It shall be a violation of this chapter for
any person, other than such generator, or licensed hauler, to collect
or pick up, or cause to be collected or picked up, any such designated
recyclable materials.
N. Construction and demolition waste may be stored upon the land where
actual construction or demolition is in progress; provided, however,
that such construction waste shall not be stored for a period exceeding
30 days and shall not be stored in any manner which will allow it
to be scattered by wind or rain. All such construction and demolition
waste shall be removed by and at the expense of the owner of the premises
upon which such waste was produced and shall be disposed in accordance
with the provisions hereof, the Borough's Policies and Procedures LCSWMA's Policies and Procedures and the applicable
laws, rules and regulations.
O. It is mandatory that ashes be thoroughly extinguished before being
comingled with any other regulated municipal waste and before being
placed for collection.
P. No person shall permit any refuse to accumulate within the building
or structure or anywhere on the property for a period of longer than
seven days, except as otherwise permitted by this chapter, upon property
in the Borough. The provisions of this section are not, however applicable
to farms.
[Added 9-12-2016 by Ord.
No. 870]
A. Any person or nonlicensed hauler who wishes to place, leave, deposit
or otherwise rent to consumers roll-off containers shall submit an
application to the Borough for a permit to do the same. With such
application, which shall be on the forms supplied by the Borough,
the applicant shall pay an annual application fee of $50.
B. No roll-off containers shall be placed in or on the Borough streets,
highways, roads or public alleys or on any Borough property without
Borough approval and without conforming to all other laws, regulations,
and ordinances of the Borough including the Code of the Borough of
Columbia, Pennsylvania as amended from time to time.
C. Roll-off containers shall conform to all the requirements for non-polyethylene-bag
refuse containers except size.
D. Roll-off containers shall not be filled so that they cannot be properly
covered.
E. It shall be the responsibility of the property owner to keep the
area around the roll-off containers clean and sanitary.
F. The accumulation of residue of liquids, solids or a combination thereof
shall not be permitted in the bottom or sides of roll-off containers.
G. Roll-off containers shall be emptied no less frequently than every
30 days.