[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)
AGENT
ALUMINUM CANS
AUTHORIZED COLLECTOR
BIMETALLIC CANS
BULK ITEMS
CITY
COLLECTOR
COMMERCIAL
COMMINGLE OR COMMINGLED RECYCLABLES
COMMUNITY ACTIVITY
COMPOSTING
CONTAMINANT
CORRUGATED PAPER
CURBSIDE
CURBSIDE COLLECTION
DEVELOPMENT
DISPOSAL
DISPOSAL AREA
GARBAGE
GLASS CONTAINERS
HIGH GRADE PAPER
INSTITUTIONAL
LANDLORD
LEAF WASTE
MAGAZINES
MULTI-FAMILY DWELLING
MUNICIPAL
MUNICIPAL WASTE
MUNICIPAL WASTE LANDFILL
NEWSPAPER
PERSON
PLASTIC CONTAINERS
PRIVATE HAULER
RECYCLABLES
RECYCLING CONTAINER
RUBBISH
STEEL CANS
STORAGE
TRANSPORTATION
WASTE
As used in this article, the following
terms shall have the meaning indicated, unless a different meaning
appears clearly from the context:
One who performs an act for his immediate family or for another
person as defined in this article, with or without compensation.
Empty, all-aluminum beverage containers.
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.
Empty food or beverage containers consisting of both steel
and aluminum.
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 of Lebanon, Lebanon County, Commonwealth of Pennsylvania.
A general term referring to any person who collects, for
removal from premises, municipal waste or recyclables.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, financial or professional service or office enterprise,
business or establishment.
Recyclables mingled or blended together, placed in the same
container.
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.
The process of the biological decomposition of organic solid
waste being biologically decomposed under controlled anaerobic or
aerobic conditions to yield humus like product.
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.
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.
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.
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.
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.
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.
Any site, location, area, building, structure, transfer station
or premises to be used for municipal solid waste and recycling disposal.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
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.
Bond, copier, letterhead or mimeograph paper typically sold
as "white ledger" paper, and computer paper.
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.
The owner of residential property, made subject to a lease,
or such owner's authorized agent.
Leaves from trees, bushes, other plants, garden residue,
chipped shrubbery, tree trimmings and similar material, excluding
grass clippings.
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.
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.
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.
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.
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.
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.
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.
Empty plastic bottles and containers, the specific types
of which are:
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.
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).
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.
Waste materials exclusive of garbage (e.g., non-recyclable
glass, metal, paper or plastic) and noncompostable plant material,
wood or nonputrescible solid waste.
Empty food or beverage containers made of steel, tin-coated
steel or ferrous metal food or beverage containers.
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.
The removal from any site or location of any municipal waste
or recyclable materials at any time after generation thereof.
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; amended by Ord. No.
5-2018, 19, passed 10-22-2018]
(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, plastic jugs or bottles with
openings smaller than the base, dry, newspapers with no glossy inserts,
flattened corrugated cardboard 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: plastic
jugs or bottles with openings smaller than the base, clear glass containers,
brown glass containers, green glass containers, aluminum cans, steel
/bi-metallic cans, flattened corrugated cardboard, and dry newspapers
with no glossy inserts. 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.
[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.
