[Adopted 1-16-1987 by Ord. No. 217A (Ch. 20, Part 1, of the 1990 Code
of Ordinances)]
[Amended 10-2-1990 by Ord. No. 244]
A. The following terms shall have the following meanings in this Article
I:
COUNTY
The County of Lancaster.
EXISTING CONTRACT
Any agreement or contract fully executed prior to the effective
date of this article for the collection, disposal or transportation
of municipal waste generated within this Borough.
FACILITY
The waste-to-energy incinerator to be constructed by or on
behalf of LCSWMA pursuant to the plan.
FULL SYSTEM OPERATION or FULLY OPERATIONAL
That date which is 60 days from the date upon which the County
and other municipalities representing in the aggregate not less than
60% of the population of the County, as determined by the 1980 Decennial
Census of the United States, execute the intermunicipal agreement
and enact waste flow ordinances.
LCSWMA
The Lancaster County Solid Waste Management Authority, its
assigns, its successors in interest, and its predecessor in interest,
the Lancaster Area Refuse Authority (LARA).
MUNICIPALITY
The Borough of Adamstown, a borough located within the County
of Lancaster, Commonwealth of Pennsylvania.
PERSON
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency or any other entity or any group of such persons which is recognized
by law as the subject of rights and duties. In any provisions of this
article prescribing a fine, penalty, imprisonment or denial or grant
of any license, the term "person" shall include the officers and directors
of a corporation or other legal entity having officers and directors.
PLAN
The municipal waste management plan for the County, adopted
by the County or municipalities therein and approved by the Pennsylvania
Department of Environmental Protection.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, yard waste and other materials which would otherwise
become municipal waste.
REGULATED MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste,
and other material including solid or semisolid material resulting
from operation of residential, municipal, commercial or institutional
establishments and from community activities, and any other solid
waste which is within the definition of "municipal waste" set forth
in Section 103 of the Pennsylvania Solid Waste Management Act, Act
of July 2, 1980, P.L. 380, No. 97, 35 P.S. § 6018.103, and
which LCSWMA, the County, or any contractor ("contractor") selected
by the County or LCSWMA to construct and/or operate a resource recovery
facility or facilities to be located within the municipal boundaries
of the County by ordinance or regulation is willing to accept at the
facility, but excluding: (1) any liquid waste or sludge; (2) any waste
which is defined by existing or future federal or state law or regulation
as hazardous waste or residual waste; (3) infectious waste, pathological
waste, or other waste for which treatment or handling requirements
differ from those normally applicable to municipal waste apply; (4)
polychlorinated biphenyls; (5) any waste which may be marketable and
which is intentionally segregated for purposes of recycling; and (6)
materials specifically excluded under applicable County or LCSWMA
ordinances, rules or regulations.
SOURCE SEPARATION
The segregation and collection, prior to delivery to a point
of entry into the system, of materials for the sole purpose of recycling.
SYSTEM
The overall solid waste management and disposal system and
every aspect thereof owned or operated by or on behalf of LCSWMA,
including, without limitation, equipment, transfer stations, resource
recovery facilities, and landfills, owned or operated or to be acquired,
constructed or operated by LCSWMA or any agent, designee or contractor
thereof in implementation of the plan.
TRANSFER FACILITY
Any solid waste facility which is now or hereafter may be
established by LCSWMA or the County for the purpose of accepting solid
waste for processing and economical consolidation for subsequent delivery
to the facility or other solid waste disposal site.
B. All other words and phrases shall have the same meanings as set forth
in the Pennsylvania Solid Waste Management Act, Act of July 7, 1980,
P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., as it may
hereinafter be amended or supplemented by legislation regarding municipal
waste planning.
[Amended 10-2-1990 by Ord. No. 244]
A. Compliance with county and LCSWMA regulations. The collection, transportation
and disposal of municipal waste present or generated within the Borough
shall be subject to such further reasonable rules and regulations
as may from time to time be promulgated by the County pursuant to
its Waste Flow Ordinance and such rules and regulations as may be
adopted by LCSWMA pursuant to 53 P.S. § 314, as hereafter amended, including, without limitation, regulations
governing applications and standards for licensing, fees to be charged
for such licensing, the terms of licenses, procedures, recordkeeping,
transportation routes and other matters.
B. County authorization to adopt regulations. Rules and regulations adopted by the County pursuant to the parallel County Waste Flow Ordinance to be adopted pursuant to the intermunicipal agreement described in §
243-11 hereof shall be deemed rules and regulations adopted under this Article
I, and the County is hereby authorized to adopt such rules and regulations.
C. Consistency of regulations with ordinance and other laws. No rules or regulations adopted pursuant to this Article
I shall be contrary to or less stringent that the provisions of this Article
I, the plan, the County Waste Flow Ordinance, the Pennsylvania Solid Waste Management Act or regulations adopted thereunder, or such other laws, regulations or requirements as may be enacted by the United States of America, the Commonwealth of Pennsylvania, the Pennsylvania Department of Environmental Protection or the Pennsylvania Environmental Quality Board governing municipal waste planning, collection, storage, transportation, processing or disposal.
[Amended 10-2-1990 by Ord. No. 244]
Any person who engages in unlawful conduct as defined in this Article
I shall, upon conviction thereof in a proceeding before a Magisterial District Judge, be sentenced to pay a fine of not more than $600 and not less than $150 and, in default of payment thereof, shall be committed to the County Jail for a period not exceeding 30 days. Each continuing day of violation of this article shall constitute a separate offense.
Upon finding that any person has engaged in unlawful conduct as defined in this Article
I: a) LCSWMA, the Borough or the County may revoke any license issued by LCSWMA to that person in accordance with §
243-2 of this article; and b) LCSWMA may deny any subsequent application by that person for a license pursuant to §
243-2 hereof.
[Amended 10-2-1990 by Ord. No. 244]
A. Entry into intermunicipal agreement. In order to implement the intent and terms of this Article
I, the Borough, pursuant to the authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, codified at 53 P.S. §§ 481 to 490 and Article IX, Section 5 of the Constitution of the Commonwealth of Pennsylvania, hereby enters into the intermunicipal joint cooperation agreement between this Borough, the County, and other municipalities within the County of Lancaster, which is incorporated herein, together with such changes consistent with this Article
I, if any, as may be approved by the officials of the parties in executing the same, such execution to be conclusive evidence of such approval ("intermunicipal agreement").
B. Terms and implementation of intermunicipal agreement. As more fully set forth in the intermunicipal agreement and this Article
I.
(1) Conditions and terms of agreement. In the agreement:
(a)
The County agrees: (i) to arrange for the provision of municipal
waste disposal facilities for the economical and environmentally sound
disposal of municipal waste generated within the participating municipalities;
(ii) to coordinate recycling activities and marketing; and (iii) to
assure continuing municipal waste planning for the County and the
participating municipalities by entering into an agreement with LCSWMA:
(b)
The County and participating municipalities representing, in the aggregate, not less than 60% of the population of the County, each agree to enact a waste flow ordinance in a form substantially similar to this Article
I and to assure otherwise that all acceptable municipal solid waste be delivered to the County system;
(c)
The County agrees: (i) to enact rules and regulations; (ii) to cause LCSWMA to enact additional rules and regulations and to administer a licensing program; and (iii) to enforce this Article
I and the parallel municipal and county waste flow ordinances;
(d)
The County agrees to assure reasonable solid waste disposal
fees for residents of the participating municipalities; and
(e)
The parties agree to cooperate in the joint enforcement of the
intermunicipal agreement and all ordinances enacted pursuant to the
intermunicipal agreement, and this municipality thereby agrees cooperatively
to exercise, to delegate to the County, and to allow delegation of
such powers, duties and responsibilities as set forth in the intermunicipal
agreement.
(2) Duration of term of the agreement. The term of the intermunicipal
agreement shall commence upon the date on which the County and other
municipalities representing at least 60% of the population of the
County have executed the intermunicipal agreement and shall terminate
40 years following that date, unless terminated earlier for cause.
(3) Purpose and objectives of agreement. The purpose of the intermunicipal agreement is to provide a mechanism: a) to finance, to construct and to operate a municipal waste disposal system to serve this Borough and other municipalities within the County; b) to administer a County-wide recycling program and c) to provide continuing municipal waste planning, as more fully set forth in the recitals to the intermunicipal agreement and this Article
I.
(4) Manner and extent of financing the agreement. Enforcement of this Article
I shall be financed by the County's general revenues, except insofar as the Borough elects to enforce this Article
I; administration of this Article
I, the recycling program and planning shall be financed by LCSWMA with revenues received from operation of the County system; and construction and operation of the County system shall be financed by debt instruments issued by LCSWMA and operating revenues.
(5) Organizational structure necessary to implement the agreement. LCSWMA shall be formed from LARA by amendment of LARA's Articles of Incorporation; LCSWMA shall: a) construct and operate or arrange for the construction and operation of the County system; and b) administer and enforce this Article
I and parallel ordinances adopted by the County and other municipalities pursuant to the intermunicipal agreement; and the County and the municipality shall enforce said waste flow ordinances with assistance from LCSWMA.
(6) Management and acquisition of property. All property within the County
system shall be acquired, managed and disposed of by LCSWMA, in accordance
with its separate agreement with the County and the powers and duties
imposed upon LCSWMA by law.
C. Execution. Appropriate officers of the Borough are authorized and
directed to execute the intermunicipal agreement on behalf of the
Borough.
The Borough has been advised by the County that the plan proposes
to provide for solid waste processing and disposal facilities which
will be operated efficiently and economically by LCSWMA and in accordance
with all applicable laws and regulations and also that LCSWMA will
impose reasonable charges, which will be uniform among all classes
of the users of the plant or plants from participating municipalities
which execute the intermunicipal agreement within 90 days of the date
upon which DEP grants preliminary approval to the plan. Charges may
differ for different categories of waste and for different points
of entry into the system.
The terms and provisions of this Article
I are to be liberally construed so as best to achieve and to effectuate the goals and purposes hereof. This article shall be construed in pari materia with the Act of July 7, 1980, P.L. 380, No. 97, known as the Solid Waste Management Act, 35 P.S. § 6018.101 et seq.
[Adopted 5-3-1994 by Ord.
No. 264 (Ch. 20, Part 2, of the 1990 Code of Ordinances)]
The Solid Waste Management Act, Act 97 of 1980, established a comprehensive planning and regulatory framework
for the storage, collection, transportation, processing and disposal
of solid waste, including municipal waste. Pursuant to the requirements
of Act 97 and the request of each municipality within Lancaster County
(the "County"), the Board of Commissioners of the County (the "County
Board") prepared and adopted the 1986 Lancaster County Solid Waste
Management Plan ("1986 Plan"), which was adopted by each municipality
within the County and approved by the Pennsylvania Department of Environmental
Protection. The 1986 Plan provided for a comprehensive and integrated
County-wide system for solid waste management ("system"), which included,
inter alia: a) construction of a resource recovery facility for incineration
of municipal waste and generation of energy; b) expansion of the then
existing Creswell Landfill; c) construction of transfer facilities
throughout the County; and d) development of a recycling program.
In order to implement the 1986 Plan and finance the system, the County
and each municipality within the County enacted certain waste flow
control ordinances and entered into a joint cooperation agreement
(the "intermunicipal agreement"). The Municipal Waste Planning, Recycling
and Waste Reduction Act, Act 101 of 1988, was approved on July 28, 1988, and gave certain municipalities,
including the Borough of Adamstown, the authority to develop and implement
within their boundaries a source-separation and collection program
for recyclable materials. Pursuant to Act 101 and the request of the
County Board, the Lancaster County Solid Waste Management Authority
has prepared (as a revision to the 1986 Plan) the Lancaster County
Municipal Waste Management Plan of 1990 (the "1990 Plan"), which provides
for the establishment and implementation by certain municipalities
of source-separation and collection programs for recyclable materials
in order to conform to Act 101 and to support and maintain the system.
The Borough of Adamstown has ratified the 1990 Plan and has engaged
with the County in mutual and beneficial cooperation and coordination
under the 1986 Plan and the intermunicipal agreement, establishing
an effective, efficient, reliable and environmentally safe system
for the storage, collection, transportation, processing and disposal
of municipal waste. It is desirable and appropriate to continue such
cooperation by implementing a recycling program which is consistent
with the 1990 Plan, the intermunicipal agreement, the system and Act
101.
Any capitalized term, if not defined in this article, shall
have the meaning as from time to time set forth in Act 97, Act 101
or the LCSWMA rules and regulations. In addition, as used in this
article, the following terms shall have the following meanings:
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as now or hereafter amended, 35 P.S. § 6018.101
et seq.
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, 53 P.S. § 4000.101 et seq.
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.
BOROUGH
The Borough of Adamstown, Lancaster and Berks Counties, Pennsylvania.
BOROUGH'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to
time by the Borough which govern and pertain to:
A.
The Borough's recycling program; and
B.
The collection, storage or transportation of regulated waste
within the Borough.
COMMENCEMENT DATE
The date upon which the Borough's mandatory recycling
program begins: July 1, 1994.
COMMINGLED
Recyclable materials:
A.
Which have been segregated from regulated municipal waste but
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.
CUSTOMER
A person who independently contracts with a licensed hauler
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 recyclable
materials generated or located within the Borough, which:
A.
Was legally entered into prior to the effective date of this
article; and
B.
When entered into was legally enforceable.
FACILITY
Any specific site or person designated by LCSWMA as the specific
place or site or person to which solid waste or source-separated recyclable
materials, or any portion of solid waste or source-separated recyclable
materials, shall or may be delivered; or in the absence of a specific
site or person being designated by LCSWMA, any approved site for the
delivery of any category of solid waste or source-separated recyclable
materials. A site will be deemed to be an approved site for the purposes
of this definition so long as that site:
A.
Is in possession of all applicable local, state and federal
permits;
B.
Is operating in accordance with all applicable local, state
and federal laws and regulations; and
C.
Provides LCSWMA with such data and information as LCSWMA requests,
including, without limitation:
(1)
The quantity, type, source and date of receipt of solid waste
or source-separated recyclable materials that were generated in Lancaster
County and delivered to the site;
(2)
Proof that the site is in compliance with A and B above; and
(3)
In the case of source-separated recyclable materials, proof
that all such materials received at the site are, in fact, recycled.
GLASS, CLEAR
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 or lime
and/or other chemicals and substances usually included in the manufacture
of glass.
GLASS, COLORED
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
or lime and/or other chemicals and substances usually included in
the manufacture of glass.
HAULER
Any person collecting, hauling and/or disposing of solid
waste in any manner within the Borough.
LCSWMA
Lancaster County Solid Waste Management Authority, a municipal
authority organized and existing under the Municipality Authorities
Act of 1945, as amended.
LICENSED HAULER
A person who is in possession of all pertinent permits and
licenses which may be required by: a) the Borough; and b) LCSWMA for
the collection, transportation, storage or disposal of solid waste
or recyclable materials.
MULTIFAMILY
A property with four or more residential units, including,
without limitation, apartment complexes, retirement homes and mobile
home parks.
NEWSPRINT
Paper which has been used for the production of daily, weekly
and special edition publications commonly known as newspapers.
NONPROCESSIBLE REFUSE
A portion of regulated municipal waste consisting of materials
which cannot be handled by LCSWMA's normal collection, processing
or disposal methods or which are greater than six feet in any dimension.
Nonprocessible refuse includes, without limitation, large auto parts,
machinery, boats, recreational vehicles, etc.
NONRESIDENTIAL UNITS
All commercial, municipal and institutional establishments
and all community activities, excluding residential units and multifamily
units.
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.
RECYCLABLE MATERIALS
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.
RECYCLING
The separation, collection, recovery and sale or reuse of
metals, glass, leaf waste, plastics and other materials which would
otherwise be disposed of or processed as waste, or the mechanized
separation and treatment of solid waste and creation and recovery
of reusable materials or energy.
RECYCLING CONTAINER
For residential units, the term "recycling container" shall
refer to the container supplied by the Borough. For multifamily units
and nonresidential units, the term "recycling container" shall refer
to a receptacle which is constructed of plastic, metal or fiberglass
and has handles of adequate strength for lifting.
REFUSE CONTAINER
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 containers
by vectors; or b) a polyethylene bag which: 1) is specifically designed
for storage and collection; 2) is protected against animal damage
and overloading so as to prevent littering or attraction of insects
or rodents; and 3) 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.
REGULATED MUNICIPAL WASTE
Any solid waste generated or collected within the Borough
which is garbage, refuse, industrial lunchroom or office waste, and
other material, including, solid, liquid, semisolid or contained gaseous
material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities,
and any sludge which is not residual 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.
RESIDENTIAL UNIT
Any single-family detached, semidetached or townhouse dwelling
or a dwelling unit within a multifamily building containing three
or fewer units.
SCAVENGING
The uncontrolled or unauthorized removal of recyclable materials
from the curbside.
SOURCE-SEPARATE or SOURCE SEPARATION
The process of separating or the separation of recyclable
materials from other solid waste at the location where generated for
the purpose of recycling.
WHITE GOODS
Large appliances, including clothes washers and dryers, dishwashers,
refrigerators and freezers, stoves and ovens, hot water heaters, air
conditioners, dehumidifiers and similar appliances.
YARD WASTE
All garden residues, grass clippings, leaves and sod.
All persons within the Borough shall source-separate designated
recyclable materials.
Each person who owns or occupies a residential unit, multifamily
or nonresidential unit within the Borough shall ensure that regulated
municipal waste and designated recyclable materials generated at such
residential unit, multifamily unit or nonresidential unit are source-separated
and collected, transported and disposed of in accordance with this
article, the Borough's policies and procedures and the LCSWMA
rules and regulations.
Each person who owns or occupies a residential unit shall provide
proper collection, transportation and disposal of regulated municipal
waste and designated recyclable materials generated at such residential
units by utilizing a licensed hauler to collect and transport such
materials to a facility. Leaves shall be source-separated to be collected
and/or disposed of from time to time as directed by the Borough.
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 on the property on which
such waste was generated or other property as licensed by the Borough.
It shall be unlawful for any person to deposit, litter, place or accumulate
any regulated municipal waste in any street, alley, water of the commonwealth,
any public place or upon private property, whether owned by such person
or not, except as specifically authorized by this article.
From the time of placement for collection of any designated
recyclable materials, other than leaves, all such designated recyclable
materials shall be the property of the generator or the licensed hauler
who has contracted to provide collection. It shall be a violation
of this article for any person, other than such licensed hauler, to
collect or pick up, or cause to be collected or picked up, any such
designated recyclable materials. Each such collection shall constitute
a separate and distinct offense.
It shall be a violation of this article for any person, unlicensed
by the Borough, to collect or pick up, or cause to be collected or
picked up, any solid waste within the Borough. Each such collection
shall constitute a separate and distinct offense.
The Borough 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, application procedures, fees, standards and conditions
for licenses and any other matters deemed necessary or convenient
by the Borough. In the event of suspension or revocation of any license
which is issued by the Borough or LCSWMA, the person whose license
is suspended or revoked shall refund to each customer any prepaid
fees.
Borough Council hereby designates the Code Enforcement Officer
as the official to enforce the provisions of this article. The Code
Enforcement Officer shall receive all complaints concerning the operation
of any hauler within the Borough or the failure of any person to comply
with the requirements of this article to use a licensed hauler and
provide for the proper storage and collection of regulated municipal
waste and designated recyclable materials. The Code Enforcement Officer
shall have the power to institute summary criminal proceedings for
the violation of this article and shall be considered a law enforcement
officer under the Pennsylvania Rules of Criminal Procedure for the
purposes of enforcing this article. Notwithstanding the foregoing,
the Code Enforcement Officer shall not have the power to issue licenses
to haulers or to revoke the license of a licensed hauler.
It shall be unlawful for any person to violate or cause or permit
or assist in the violation of any provision of this article or any
provision of the Borough's policies and procedures. All unlawful
conduct shall also constitute a public nuisance.
Any person violating any provision of this article or any provision
of the Borough's policies and procedures shall, upon conviction
thereof in a summary proceeding, be liable to pay a fine or penalty
of not less than $100 nor more than $1,000, which fines and penalties
may be collected as provided by law. Each violation of any provision
of this article and each day that a violation continues shall be deemed
a separate offense.
For purposes of the obligations established by this article
or the Borough's policies and procedures, and for the purposes
of any fine, penalty, imprisonment or other sanction, the terms "person,"
"customer," "residential unit," "multifamily unit" and "nonresidential
unit" shall: a) include officers, directors and partners of any corporation,
partnership or other legal entity having officers, directors and partners;
and b) refer to, and impose joint and several liability upon, both:
1) the persons residing in or occupying any such residential, multifamily
or nonresidential units; and 2) the owner, landlord, condominium owners'
association and/or agent of an owner, landlord or condominium owners'
association of such premises.
In addition to any other remedy provided in this article, the
Borough may institute proceedings in equity to restrain any violation
of, or to require compliance with, this article and/or the Borough's
policies and procedures.
The penalties and remedies set forth in this article are in
addition to, not in lieu of, any fines, penalties or remedies provided
in the Borough's policies and procedures. The existence or exercise
of any remedy shall not prevent the Borough from exercising any other
remedy provided under this article or the Borough's policies
and procedures or available at law or equity.