City of Lebanon, PA
Lebanon County
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Table of Contents
Table of Contents
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
Title. This article shall be known and may be cited as "The Recycling Ordinance of the City of Lebanon.
(b) 
Intent. All residential, municipal, commercial, institutional and industrial recyclables accumulated upon any property within the City of Lebanon shall be collected and removed by a private hauler who shall be permitted by the Commonwealth of Pennsylvania. Waste shall be disposed of in accordance with the Solid Waste Management Act and the Lebanon County Municipal Waste Plan.
This article shall provide for a mandatory recycling program and govern all aspects of the collection, storage, transportation, processing and disposal of recycling in the City of Lebanon. It contains regulations applicable to collectors of municipal waste, collectors of recyclables, individuals, commercial, municipal and institutional establishments, and community activities.
(c) 
Purpose. To establish a program for the mandatory source-separation and separate collection of designated recyclable materials and leaf waste from residences and properties receiving municipal waste collection service from or on behalf of the City of Lebanon for recycling and composting purposes; to prohibit the disposal of designated recyclable materials into the conventional municipal waste disposal system; to empower the City of Lebanon to promulgate and adopt reasonable rules and regulations therefore, and to fix penalties for violation of this article.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
As used in this article, the following terms shall have the meaning indicated, unless a different meaning appears clearly from the context:
AGENT
One who performs an act for his immediate family or for another person as defined in this article, with or without compensation.
ALUMINUM CANS
Empty, all-aluminum beverage containers.
AUTHORIZED COLLECTOR
A private hauler (as defined herein), or a person who, being so authorized by the terms of this article, who removes recyclables from his own premises, as owner of the building or commercial, municipal or institutional establishment or community activity conducted therein, or as an agent of another person.
BIMETALLIC CANS
Empty food or beverage containers consisting of both steel and aluminum.
BULK ITEMS
Any large durable goods including, but not limited to, refrigerators, washing machines, window air conditioners, hot water heaters, dishwashers, dressers, beds, mattresses, sofas, and televisions sets.
CITY
City of Lebanon, Lebanon County, Commonwealth of Pennsylvania.
COLLECTOR
A general term referring to any person who collects, for removal from premises, municipal waste or recyclables.
COMMERCIAL
Of or pertaining to any wholesale, retail, industrial, manufacturing, transportation, financial or professional service or office enterprise, business or establishment.
COMMINGLE OR COMMINGLED RECYCLABLES
Recyclables mingled or blended together, placed in the same container.
COMMUNITY ACTIVITY
Events sponsored in whole or in part by a municipality, or conducted within a municipality and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
COMPOSTING
The process of the biological decomposition of organic solid waste being biologically decomposed under controlled anaerobic or aerobic conditions to yield humus like product.
CONTAMINANT
Material of one type that is an impurity for another type, for example, food waste is an impurity if it is placed in a recycling container with otherwise approved items.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges, of the type normally used to make packing cartons and boxes.
CURBSIDE
That location at the edge of any lot, parcel or piece of land adjacent to a public right-of-way or roadway, and which location is most accessible and/or convenient to any authorized collector, as defined by this article, for the purpose of collecting municipal waste and/or recyclables.
CURBSIDE COLLECTION
A method of collection of residentially generated recyclables by which the owners or occupants of certain residential properties by placing them at curbside at a time designated by an authorized collector for collection and removal thereof for delivery to a recycling center.
DEVELOPMENT
A recorded residential subdivision in which homeowners are members of a duly organized, validly existing property owners association or corporation and which has been recognized by and registered with the City of Lebanon, as required by this article.
DISPOSAL
The incineration, depositing, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner such that the municipal waste or a constituent thereof enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DISPOSAL AREA
Any site, location, area, building, structure, transfer station or premises to be used for municipal solid waste and recycling disposal.
GARBAGE
All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
GLASS CONTAINERS
All empty food and beverage jars or bottles, the product being transparent or translucent (clear, green or brown). Expressly excluded are non-container glass, window or plate glass, light bulbs, blue glass and porcelain and ceramic products.
HIGH GRADE PAPER
Bond, copier, letterhead or mimeograph paper typically sold as "white ledger" paper, and computer paper.
INSTITUTIONAL
Of, or pertaining to, any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, schools, universities, churches and social or fraternal societies and organizations.
LANDLORD
The owner of residential property, made subject to a lease, or such owner's authorized agent.
LEAF WASTE
Leaves from trees, bushes, other plants, garden residue, chipped shrubbery, tree trimmings and similar material, excluding grass clippings.
MAGAZINES
Printed matter, also known as "periodicals," containing miscellaneous written pieces published at fixed or varying intervals, printed on glossy or chemically coated paper. Expressly excluded are newspapers and all other paper products of any nature whatsoever.
MULTI-FAMILY DWELLING
A type of residential property either under single ownership or organized as a condominium or cooperative form of housing, which contains four or more dwelling units.
MUNICIPAL
Of, or pertaining to, any office or other property under the control of any branch or arm of the Federal Government of the United States of America, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth of Pennsylvania including, but not limited to, City of Lebanon, any counties, cities, boroughs, townships and municipal authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste and other materials, including solid, liquid, semisolid or contained gaseous material, resulting from- operation of residential, municipal or commercial or institutional establishments, or from community activities and which are not classified as residual or hazardous waste, except farm produced manure, other agricultural waste and food processing with used on land where such materials will improve the condition of the soil, the growth of crops or the restoration of the land for the same purposes, and any sludge not meeting the definition of "residual or hazardous waste," as defined in Commonwealth of Pennsylvania Solid Waste Management Act. The term does not include source-separated recyclable materials or leaf waste.
MUNICIPAL WASTE LANDFILL
Any facility that is designed, operated, used and or maintained for the disposal of municipal waste. The term shall not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at fixed or stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. The term "newspaper" expressly excludes glossy advertising inserts, magazines, glossy or other chemically coated paper, office paper and any other paper products of any nature.
PERSON
Any agent, individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PLASTIC CONTAINERS
Empty plastic bottles and containers, the specific types of which are:
A. 
#1 PET.
B. 
#2 HDPE.
C. 
Other such plastic as may be designated by ordinance of the City of Lebanon.
PRIVATE HAULER
A person licensed by the Commonwealth of Pennsylvania as per the amended Title 27 (Environmental Resources), Waste Transportation Safety Program, of the Pennsylvania Consolidated Statutes, to collect, haul, and transport recyclables. All such haulers shall comply with the provisions of Title 27, as well as all Federal, State, County and local laws and regulations.
RECYCLABLES
Materials designated as recyclable in this article, or required by the terms of this article (or any amendment hereto) to be kept separate from municipal waste and recycled. The term includes leaf waste (as defined herein).
RECYCLING CONTAINER
An approved storage bin or container in which recycling materials are placed for curbside pick up and is no less than 24 gallons in size.
RUBBISH
Waste materials exclusive of garbage (e.g., non-recyclable glass, metal, paper or plastic) and noncompostable plant material, wood or nonputrescible solid waste.
STEEL CANS
Empty food or beverage containers made of steel, tin-coated steel or ferrous metal food or beverage containers.
STORAGE
The containment of any municipal waste or recycling on a temporary basis in such a manner as not to constitute disposal of such municipal waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal. This presumption may be overcome only by clear and convincing evidence to the contrary.
TRANSPORTATION
The removal from any site or location of any municipal waste or recyclable materials at any time after generation thereof.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of The term does not include source-separated recyclable materials, leaf waste or material approved by the Commonwealth of Pennsylvania, Department of Environmental Protection for beneficial use.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
It shall be unlawful for any person to store, dump, discard or deposit, or to permit the storage, dumping, discarding or depositing of any recyclables upon the surface of the ground or underground within the City, except in proper containers for purposes of storage or collection, and except where the waste or recyclables are of such size or shape as not to permit their being placed in such containers. It shall be unlawful for any person to dump or deposit any recyclables in any stream, body of water or on any public right-of-way within the City.
(b) 
Nothing contained herein shall prohibit a duly constituted property owners' association or corporation from assembling recyclables at a central, accessible location, provided such activities are conducted and confined within the boundaries of that real estate development or subdivision, as defined herein, lawfully recorded and recognized as such when being maintained in a manner that does not cause a public nuisance.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
Recyclables and leaf waste shall be kept separate from municipal waste, for the purpose of recycling and composting respectively, to the extent required by the following provisions:
(1) 
Owners and occupants of all residential properties shall keep separate the following recyclables for the purpose of curbside recycling: clear glass containers, brown glass containers, green glass containers, aluminum cans, steel/bimetallic cans, #1 and #2 plastics, newspapers and leaf waste.
(2) 
Owners and occupants of all commercial, municipal and institutional establishments and properties and sponsors or organizers of community activities shall keep separate the following recyclables: #1 and #2 plastics, clear glass containers, brown glass containers, green glass containers, aluminum cans, steel /bi-metallic cans, corrugated paper, newspapers and office paper. Leaf waste shall also be kept separate for the purpose of composting. Owners and occupants of commercial, municipal and institutional establishments may seek an exemption to the requirements of this section (as specified under Act 101, Section (c)(1)(iii)) if the owners and occupants have otherwise provided for recycling of the materials they are required by this article to recycle. To be eligible for an exemption a commercial, municipal or institutional solid waste generator must submit an annual report showing materials that were recycled and the total number of tons recycled to the Recycling Coordinator no later than February 15 of each year.
(b) 
Recyclables shall be prepared and stored in accordance with the provisions set forth in Section 930.12 of this article.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
Unless otherwise provided for composting, all persons shall keep leaf waste separate from all other forms of municipal waste and separate from recyclables. Such waste shall be set out for collection in a manner to be designated by the City of Lebanon and the private hauler and shall be delivered by the private hauler to a leaf composting facility operating in accordance with Pennsylvania Department of Environmental Protection's Regulations and Guidelines for Leaf Composting Facilities. Nothing herein shall require any person to gather leaf waste or prevent any person from utilizing leaf waste for compost, mulch, or other agricultural purposes.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
For residential properties other than multi-family dwellings, all recyclables, which are required to be kept separate from municipal waste in residential properties, shall be placed at curbside no earlier than the evening prior to pick up and shall be removed from curbside no later than the evening of pickup. Private haulers shall collect all recyclables no less than biweekly. All recyclables placed curbside shall be collected by a private hauler.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
For multi-family dwellings, all recyclables, which are required to be kept separate from municipal waste in residential properties, shall be placed at curbside no earlier than the evening prior to pick up and shall be removed from curbside no later than the evening of pickup. Private haulers shall collect all recyclables no less than biweekly. All recyclables placed curbside shall be collected by a private hauler.
(b) 
The owner, landlord or agent or, when appropriate, the board of directors, of every multi-family dwelling shall require, by a clause in the lease or other enforceable rule or regulation, requiring that the tenants in such property comply with this article governing separation and/or placement for removal of recyclables in multi-family dwellings. Every such landlord shall establish a convenient and practical collection system in such properties for the collection, storage and placement for removal of recyclables generated by the residents of such properties.
(c) 
The collection system must include suitable containers for collection and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
All private haulers shall submit to the City of Lebanon or its designee a quarterly recycling report and all weight slips obtained from the facility or facilities to which the recyclables were delivered or taken. Each such quarterly recycling report shall be submitted on or before the last day of the first month of each quarter, for the preceding quarter. Quarters shall run on a calendar year basis, thus: January through March; April through June; July through September; and October through December.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
It shall be a violation of this article for any person unauthorized by the City to collect or pick up or cause to be collected or picked up any recyclable materials that have been placed at the curbside for pick up. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
(b) 
It shall be unlawful for any unauthorized individual to collect any designated recyclable material which has been placed within the City of Lebanon Drop Off Center without permission of the City Recycling Coordinator.
(c) 
No person, except the occupants of the property on which a waste and or recycling container is placed, a private hauler, the City of Lebanon Recycling Coordinator or such other person as the City may designate and the duly authorized agent or representative of property owners association or corporation recognized as such by the City, shall remove the lids of the container and/or remove the contents thereof.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
Any person accumulating or storing municipal waste or recyclables on private or public property within the City, including recyclables assembled within a development, for any purpose whatsoever shall place the same, or cause the same to be placed, in a closed or covered sanitary container.
(b) 
All recyclables shall be placed in the above-mentioned containers and prior to such placement, all recyclable materials shall be rinsed clean of all liquid and debris. This is also applicable to placement of recyclable materials being placed in containers at the City Drop Off Center.
(c) 
No person shall place or cause to be placed municipal waste in a recycling container, and no person shall place or cause to be placed recycling material in a refuse container as defined by Section 929.03 of the Codified Ordinances of the City of Lebanon.
(d) 
Corrugated cardboard, newspaper and office paper shall be placed in easy-to-manage bundles kept dry and placed in proper recycling containers. Glass containers, steel/bimetallic cans, plastics and aluminum cans shall be emptied and cleaned. Aluminum cans, steel/bimetallic cans and glass containers may be mixed together and placed in the same container.
(e) 
Recyclables may be set out for collection in a manner different from the requirements in subsection (d) (above) if an alternative manner is designated by the authorized collector and that the manner is approved by the City of Lebanon. If said approval is granted by the City, notification of the approved collection manner shall be sent to both the hauler and the owner of the subject property.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
If a person or establishment (being so authorized by the terms hereof) collects and removes his/her own recyclables from his/her physical place of residence he/she will do so at a minimum of biweekly, or at shorter intervals, as necessary, in order to prevent odors, vectors or accumulations of recyclables that are unsafe, unsightly or potentially harmful to the public health.
(b) 
No person other than a private hauler shall collect or remove recyclables from another person's place of residence unless otherwise provided for herein. All agreements for collection, transportation and disposition of recyclables shall be by private contract between the owner or occupant of the property where the material is generated or on their behalf by a properly authorized property owners association and the private hauler who is to collect it.
(c) 
Nothing herein shall limit the right of the City to implement public collection of recyclables either by entering into contracts or by engaging in any collection practice permitted by law.
(d) 
Nothing in this section shall modify the requirements of this article pertaining to separation and collection of recyclables or exempts any person from the mandatory curbside collection program.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
Any person or private hauler transporting municipal waste and recycling within the City shall prevent or remedy any spillage or leakage from vehicles or containers used in the transport of such municipal waste and recycling.
(b) 
All private haulers shall be required to collect and remove recyclables in motor-driven vehicles having enclosed, metal, leak proof bodies with metal covers or covers made of such material as to prevent the contents from escaping.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
Where a property owners association desires to provide curbside collection of recyclables, to include leaf waste (consistent with the requirements of this article), and delivers same to a central accessible location for collection by a private hauler, the said property owners association shall, as a condition of such authorization, comply with the following:
(1) 
Provide a collection plan to the City, providing such documentation and information as the City may prescribe relative to curbside collection of municipal waste, recyclables and leaf waste.
(2) 
Indicate the exact position of the central, accessible location where municipal waste, recyclables and/or leaf waste are to be assembled for collection by a private hauler.
(3) 
Specify the identity of the private hauler responsible for recyclables and/or leaf waste collection and the facility used for deposition of the material collected.
(4) 
Update all the above information on an annual basis.
(5) 
Notify the City within five business days of any change in any of the above prescribed information.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
It shall be unlawful for any person, except for litter control and/or roadside clean up personnel, and other persons licensed by the Commonwealth of Pennsylvania as per the amended Title 25 (Environmental Protection), Waste Transportation Safety Program, of the Pennsylvania Consolidated Statutes, to collect haul transport municipal waste and recyclables. All such haulers shall comply with the provisions of Title 25, as well as all Federal, State, County and local laws and regulations to collect and to transport waste of any nature or recyclables within or from the City. Authorization to collect, transport and for proper disposition of municipal waste or recyclables for persons other than one's self or for whom one is acting as agent (as defined in this article) may be given only by the Commonwealth of Pennsylvania through the issuance of a collector's license.
(b) 
Nothing in the section shall prohibit a duly organized and registered property owners association from assembling municipal waste at a central, accessible location within the confines of its development for ultimate collection as required herein.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
Private haulers shall have an affirmative duty to follow and conduct themselves in accordance with their current license or permit and to service each of their customers in accordance with their current license or to service each of their customers in accordance with the requirements of this article, any failure of which shall be a violation of this article.
(b) 
The private hauler shall have placed on the doors or each side of the body of each vehicle the name of the hauler, the telephone number of the hauler's office or headquarters, and the type of waste being transported therein (or, if recyclables are being transported therein, then such to be indicated). The size of such lettering shall be no less than six inches in height and clearly legible. Vehicles shall be so marked within 10 days after the commencement of their use in the City.
(c) 
Private haulers shall empty bulk containers (such as dumpsters) which have been provided by them to their customers when said bulk containers become full.
(d) 
Private haulers shall furnish and provide collection and disposal of recyclables in accordance with the terms of this article.
(e) 
Private haulers shall have the window sticker issued for each vehicle with the license displayed on the vehicle for which it is issued at the time the license is issued as directed by the amended Title 25 (Environmental Protection), Waste Transportation Safety Program, of the Pennsylvania Consolidated Statutes.
(f) 
Private haulers shall not load any source separated recyclables or leaf waste into any vehicle that contains municipal waste.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
Any person granted a license by the Commonwealth of Pennsylvania shall not in any manner be construed as an agent, servant or employee of the City of Lebanon but shall, at all times, be considered and remain an independent contractor. Likewise, no property owners association or corporation who assembles municipal waste or recyclables within a development shall be construed as an agent, servant or employee of the City of Lebanon.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
All private haulers shall file a rate schedule to be charged for services provided hereunder with the City. All private haulers shall further be responsible for filing any changes in said rate schedule with the City prior to implementing the same.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
All private haulers shall be required to collect and remove municipal waste and/or recyclables in motor-driven vehicles having enclosed, metal, leak proof bodies with metal covers or covers made of such material as to prevent the contents from escaping.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
Each private hauler shall have a valid agreement covering the use of an appropriate disposal facility in accordance with the Lebanon County Waste Management Plan, or such other law, as may be applicable, which governs the use and maintenance of any such disposal facility.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
(a) 
All private haulers contracted for municipal waste collection shall provide such customers (residential, multi-family, commercial, municipal and institutional) the service of removing recyclables (as defined in this article) from their properties at the curbside or an appropriate location on the premises. Any such materials so removed by a private hauler shall be kept separate from municipal waste and shall be taken to a facility for the respective purpose of recycling or composting. Failure to provide said services shall be a violation of this article.
In addition all multi-family, commercial, municipal and institutional establishments contracting for municipal waste collection will be considered to be contracting for recycling removal and thereby requiring the private hauler to place the appropriate recycling along with the waste containers and at the required location on the premises unless a completed City of Lebanon Recycling Waiver is obtained by the owner operator or the agent, from the waste hauler, and returned to the City of Lebanon via the waste hauler. The said business, agent, owner or operator will be responsible for providing the City of Lebanon Recycling Coordinator with an annual report stating the materials recycled and the yearly tonnages no later than February 15 of each year. Failure to do so shall be a violation of this article.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
The City reserves the right to direct recyclables and or leaf and yard waste to a designated facility.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
In the event any private hauler misses a pickup, the private hauler shall collect from the missed location within 24 hours of notification from the missed resident, provided the resident has abided by the terms of their contract with the private hauler.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
Nothing contained herein shall impair or prohibit any recognized civic, fraternal, charitable or benevolent organization, association or society from undertaking or sponsoring voluntary programs or projects involving the collection of recyclables from the public. Any such collection activity can only occur prior to the recyclable materials being placed at curbside or similar location for collection by a private hauler. Prior to initiating such activity, the organization shall obtain authorization from the City.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
Any person, firm or corporation who violates any provision of this article shall be fined not less than $200 nor more than $1,000 for each offense and/or be imprisoned for a period not exceeding 30 days. Each day that a violation of this article continues shall be considered a separate offense.
In addition, private haulers who shall violate any provision of this article may be reported to the Commonwealth of Pennsylvania Department of Environmental Protection and may be subject to revocation of State authorization to transport municipal waste, as described in the amended Title 25 (Environmental Protection), Waste Transportation Safety Program, of the Pennsylvania Consolidated Statutes.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
The provisions of this article are severable, and if any section, clause, sentence, ordinance or provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this article. It is hereby declared to be the intent of the Council that this article would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part or provision had not been included herein.
[Ord. 35-2006, 07 § 1, passed 9-24-2007]
Any ordinance or part of ordinance conflicting with the provisions of this article be and the same are hereby repealed so far as the same affects this article.