Any capitalized term, if not defined in this article, shall
have the meaning as from time to time set forth in the LCSWMA Rules
and Regulations which are incorporated into this article by reference.
In addition, as used in this article, the following terms shall the
following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, 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
Consists only of clear food and beverage containers made
of glass, of one gallon or less capacity, and comprised of the hard,
brittle and transparent or partially transparent substance produced
by fusion of silica and silicates or sand containing soda and lime
and/or other chemicals and substances usually included in the manufacture
of glass.
COLORED GLASS
Consists only of green or brown food and beverage containers
made of glass, of one gallon or less capacity, and comprised of the
hard, brittle and transparent or partially transparent substance produced
by fusion of silica and silicates or sand containing soda and lime
and/or other chemicals and substances usually included in the manufacture
of glass.
COMMENCEMENT DATE
May 1, 2004, the date upon which the Municipality's recycling
program and Permitted Collector program begin.
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.
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 Borough of Quarryville
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 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. §§ 30.51 through 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
through 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.
§ 1342); or
(6)
Source, special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011 through
2394).
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 or transports Solid Waste or Source-Separated
Recyclable Materials and which specifies, inter alia:
A.
The source, type, quantity and delivery point for the Solid
Waste or Source-Separated Recyclable Materials;
B.
The applicable license number; and
C.
Other pertinent information.
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'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to
time by the Borough of Quarryville which govern and pertain to:
A.
The Borough of Quarryville's Recycling program; and
B.
The on-site collection or storage of Regulated Municipal Waste
within the Borough of Quarryville.
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 Borough of Quarryville for the on-site collection of Solid
Waste or Recyclable Materials generated within the Borough of Quarryville.
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 consists 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:
A.
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; 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.
REGULATED MUNICIPAL WASTE
Any Solid Waste generated or collected within the Borough
of Quarryville 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 §
337-29 of this article.
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.
[Amended 10-4-2021 by Ord. No. 445]
A. Each person who owns or occupies a residential unit shall source-separate:
(1) Items which LCSWMA regulations and official LCSWMA publications,
including, but not limited to, the Resident's Guide to Recycling
and Waste Disposal in Lancaster County, identify as recyclable items
to be placed in curbside recycling bins;
(2) Yard waste, including leaves;
B. Each person who owns or occupies a multifamily unit shall source-separate:
(1) Items which LCSWMA regulations and official LCSWMA publications,
including, but not limited to, the Resident's Guide to Recycling
and Waste Disposal in Lancaster County, identify as to be placed in
curbside recycling bins;
(2) Yard waste, including leaves;
C. Each person who owns or occupies a nonresidential unit shall source-separate:
(1) Items which LCSWMA regulations and official LCSWMA publications,
including, but not limited to, the Resident's Guide to Recycling
and Waste Disposal in Lancaster County, identify as to be placed in
curbside recycling bins;
(2) Yard waste, including leaves;
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 collection. It shall be a violation of this
article 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.
It shall be unlawful for any Person to violate, or cause or
permit or assist in the violation of, any provision of this article.
All unlawful conduct shall also constitute a public nuisance.
[Amended 10-4-2021 by Ord. No. 445]
Any person violating any provision of this article shall, upon
conviction thereof in a summary proceeding, be sentenced for each
violation to pay a fine of not less than $100 nor more than $1,000
and costs of prosecution, including the Borough's reasonable attorneys'
fees, which fines and penalties may be collected as provided by law.
Each day that a violation continues shall be a separate offense, and
each section of this article which is violated shall be a separate
offense.
For purposes of the obligations established by this article
or the Borough of Quarryville's Policies and Procedures, and or purposes
of any fine, penalty, imprisonment or other sanction, the terms "Person,"
"Residential Unit" and "Multifamily 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 or Multifamily
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 article, the
Borough of Quarryville may institute proceedings to restrain any violation
of, or to require compliance with, this article.
The existence or exercise of any remedy provided by this article
shall not prevent the Borough of Quarryville from exercising any other
remedy available at law or equity.
The provisions of this article are severable, and if any section,
sentence, clause, part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this article.
It is hereby declared to be the intent of the Borough of Quarryville
that this article would have been enacted if such illegal, invalid
or unconstitutional section, sentence, clause, part or provision had
not been included herein.