[Adopted 5-3-2004 by Ord.
No. 351]
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:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.[1]
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97, as now or hereafter amended.[2]
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.
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.
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.
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.
May 1, 2004, the date upon which the Municipality's recycling
program and Permitted Collector program begin.
Designated Recyclable Materials:
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.
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
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 Person who independently contracts with a Permitted Collector
for the collection of Regulated Municipal Waste and Designated Recyclable
Materials.
Those Recyclable Materials designated in § 337-27 of this article for Source Separation.
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:
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.
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.
A Person who produces or creates any Solid Waste.
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:
The term does not include:
Coal refuse as defined in the Coal Refuse Disposal Control Act
(52 U.S.C. §§ 30.51 through 30.62);
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),;
Solid or dissolved material in domestic sewage;
Solid dissolved materials in irrigation return flows;
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
Source, special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011 through
2394).
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act, as amended.[3]
Any Facility owned or operated by or on behalf of LCSWMA.
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 property which contains four or more residential units,
including, without limitation, apartment complexes, condominium complexes,
retirement homes and mobile home parks, excluding farms.
The Borough of Quarryville.
The rules and regulations adopted and revised from time to
time by the Borough of Quarryville which govern and pertain to:
Paper which has been used for the production of daily, weekend
and special edition publications, commonly known as "newspapers."
All commercial, municipal and institutional establishments,
all Community Activities and all Farms, excluding Residential Units
and Multifamily Units.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
A Person who is in possession of all pertinent permits and
licenses which may be required by:
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 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).
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.
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.
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.
A container which is:
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.
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a building containing three or fewer dwelling
units, excluding Farms.
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:
The removal of designated recyclable materials in violation of § 337-29 of this article.
A system where Recyclable Materials, commonly fibers and
glass, metal and plastic containers, are collected and processed together.
Any waste, including but not limited to Municipal, Residual,
or Hazardous Wastes, including solid, liquid, semisolid or contained
gaseous materials.
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.
The ferrous metal food or beverage containers commonly known
as "tin cans."
Any Pneumatic rubber automobile, truck, or farm implement
tire.
The following types of Solid Waste are Unacceptable Waste
unless approved by LCSWMA on a case-by-case basis:
Chemotherapeutic Waste;
Drums, barrels, buckets and paint cans unless lids have been
removed and interiors are cleaned and free of any residue;
Explosives and Ordnance Materials;
Gas cylinders, unless empty and delivered separate from other
Solid Waste;
Hazardous Waste;
Infectious/Pathological Waste; and
Radioactive Materials.
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.
All garden residues, leaves, shrubbery, tree trimmings, grass
clippings, and sod.
A.
Collection and recycling.
(1)
No Person other than a Permitted Collector shall collect on-site
Regulated Municipal Waste or Designated Recyclable Materials generated
in any Residential Unit or Multifamily Unit, except that a Person
may collect such Waste or Recyclable Materials which were generated
at such Person's residence.
(2)
Each Permitted Collector who provides regularly scheduled service
for the collection of Regulated Municipal Waste from a Residential
Unit or Multifamily Unit shall also collect Designated Recyclable
Materials from such Residential Unit or Multifamily Unit. Each Permitted
collector shall establish, and notify each Customer, of procedures
for the Source Separation, segregation and packaging of Regulated
Municipal Waste and Designated Recyclable Materials. Such procedures
shall permit commingling of all Aluminum, Clear Glass, Colored Glass,
Steel Cans, and Plastics, in a single Recycling Container. Newsprint
shall either be bagged or bundled in accordance with instructions
from the Permitted Collector, to the Customer. Each Permitted Collector
shall schedule collections for Tires and White goods at least once
annually and shall give Customers at least thirty-day advance notice
of the schedule for such collections.
(3)
Each Permitted Collector shall complete monthly LCSWMA manifests,
as required, reporting the amount of Regulated Municipal Waste and
Designated Recyclable Materials collected in the Borough of Quarryville.
Each Permitted Collector shall submit copies of LCSWMA manifests to
the Borough of Quarryville upon request.
(4)
The schedule for collection of Regulated Municipal Waste and Designated
Recyclable Materials shall be as specified in the Borough of Quarryville's
Policies and Procedures.
(5)
Recycling Containers for Residential Units will be provided by the
Borough of Quarryville which shall retain title to all such Recycling
Containers. Permitted Collectors shall distribute Recycling Containers
to all of their Residential Unit and Multifamily Unit Customers in
accordance with guidelines to be established by the Borough of Quarryville.
B.
General.
(1)
All regulated Municipal Waste and Designated Recyclable Materials
generated or collected in the Borough of Quarryville shall be delivered
directly to a Facility in accordance with the LCSWMA Rules and Regulations
and without any intervening transfer, unloading, processing, sorting,
salvaging, scavenging, or reuse of any portion of any load of such
Regulated Municipal Waste and Designated Recyclable Materials from
the time of its collection until the time of its delivery to the Facility.
(2)
No Permitted Collector who collects or disposes of Regulated Municipal Waste or Designated Recyclable Materials shall, by contract or otherwise, cause, permit or assist in the storage, collection, processing or disposal of Designated Recyclable Materials in a manner which treats such materials as Regulated Municipal Waste or which is otherwise inconsistent with Source Separation or Recycling. Any delivery of Designated Recyclable Materials to a LCSWMA Facility in accordance with the LCSWMA Rules and Regulations shall be deemed to satisfy the requirements of this Subsection B(2).
(3)
Each Permitted Collector shall give written notice to each Customer
of such Permitted collector's obligations under this article and particularly
the requirement to offer collection services for Designated Recyclable
Materials.
(4)
Each Permitted collector shall collect and deliver separately, to
a LCSWMA Facility battery dropoff location, all Battery Bags placed
at Curbside by Residential units.
A.
All Persons who desire to collect, store, process or dispose of Regulated
Municipal Waste or Designated Recyclable Materials within the Borough
of Quarryville shall obtain a collection permit from the Borough of
Quarryville prior to performance of any such activities.
B.
Every Person desiring a collection permit under this article shall
make application to the Borough of Quarryville. Such application shall
include the name and address of the Person making application, proof
of a valid license issued by LCSWMA and the Commonwealth of Pennsylvania,
identification of other municipalities which have permitted that Person,
and whether any licenses or permits have been revoked by LCSWMA or
any other municipality which requires permitting of haulers. The Borough
of Quarryville may establish an annual collection permit fee set by
Ordinance or Resolution.
C.
Applicants for a collection permit to operate as a Permitted Collector
within the Borough of Quarryville shall demonstrate that:
(1)
A valid license has been issued by LCSWMA to the applicant.
(2)
Applicant's operation is in conformity in all respects with the rules
and regulations of the Pennsylvania Department of Environmental Protection
(PADEP), LCSMA, and all Borough of Quarryville Ordinances and the
Borough of Quarryville Policies and Procedures.
(3)
Regulated Municipal Waste and Designated Recyclable Materials shall
be suitably enclosed or covered so as to prevent roadside littering,
attraction of vectors, or the creation of other nuisances.
(4)
All disposal of Regulated Municipal Waste other than Designated Recyclable
Materials shall be at a Facility.
(5)
All Designated Recyclable Materials shall be recycled and shall not
be disposed of as Regulated Municipal Waste.
(6)
Insurance shall be obtained for the applicant's proposed operation
in the Borough of Quarryville. A certificate of insurance demonstrating
limits as follows:
(7)
All equipment to be used has been properly licensed and inspected,
and all operators have valid operator's licenses for the class of
vehicle operated.
D.
All Borough of Quarryville collection permits shall be issued for
a period of one year or longer. There will be no proration of collection
permit fees assessed in the event a permit is held for less than a
full year. The Borough of Quarryville's Policies and Procedures may
designate a sticker or other mechanism to be affixed to all collection
equipment in order to verify that the equipment is properly permitted.
E.
Collection permits may be suspended or revoked by the Borough of
Quarryville at any time for just cause. Just cause shall include,
but not be limited to, where the Permitted Collector:
(1)
Fails to maintain a valid license issued by LCSWMA and/or the Commonwealth
of Pennsylvania;
(2)
Violates any of the provisions of this article or the Borough of
Quarryville's Policies and Procedures;
(3)
Improperly disposes of Designated Recyclable Materials or Regulated
Municipal Waste;
(4)
Scavenges;
(5)
Fails to perform in good faith all the covenants of any agreement
entered into with Customers.
F.
Any Person who has been denied a collection permit or whose collection
permit has been suspended or revoked may appeal the denial, suspension
or revocation to the Borough of Quarryville. Such appeal shall be
made in writing within 10 days after such decision has been made.
The appeal shall be verified by an affidavit and shall be filed with
the Borough of Quarryville Secretary. The appellant or his representative
shall have the right to appear and be heard, if such right is requested
in the written appeal. The appeal shall be accompanied by the appeal
fee established by resolution or ordinance of the Borough of Quarryville,
and no appeal shall be considered complete without the payment of
the appeal fee. A prompt decision on such appeal shall be made by
the Borough of Quarryville.
G.
Collection permits are not transferable to any other Person.
A.
Each Person who owns or occupies a Residential Unit or Multifamily
Unit is encouraged to Source Separate Designated recyclable Materials
from Regulated Municipal Waste separated at such Residential or Multifamily
Unit. Each Person who elects to provide proper collection and disposal
of Regulated Municipal Waste and Designated Recyclable Materials generated
at such Residential Units or Multifamily Units by either:
B.
Each person who owns a Multifamily Unit is encouraged to:
(1)
Provide Recycling Containers at easily accessible locations for Source
Separation of Designated Recyclable Materials;
(2)
Provide written instructions to all Persons occupying each Multifamily
Unit to ensure that all Designated Recyclable Materials are Source-Separated;
and
(3)
Provide collection and delivery to a Facility of Source-Separated
Designated Recyclable Materials at a frequency of not less than once
per month.
[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;
(3)
White goods; and
(4)
Tires.
B.
Each person who owns or occupies a multifamily unit shall source-separate:
C.
Each person who owns or occupies a nonresidential unit shall source-separate:
A.
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 to the extent and in the
manner provided in the Borough of Quarryville's Policies and Procedures
on the property on which such Yard Waste was generated.
B.
No Person shall process or dispose of any Designated Recyclable Materials
through Open Burning.
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.
A.
Nothing in this article shall be construed to impair the obligations
of any existing contract.
B.
No renewal or modification of any Existing Contract, and no new contract
for the storage, on-site collection, processing or disposal of Regulated
Municipal Waste or Designated Recyclable Materials, shall be entered
into after the effective date of this article unless such renewal
or modification or new contract shall conform to the requirements
of this article and the Borough of Quarryville's Policies and Procedures.
C.
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this § 337-30 shall provide for on-site collection services for Regulated Municipal Waste to be performed after the Commencement Date unless on-site collection services are also offered for Designated Recyclable Materials. With respect to any contract which violates this article, such contract shall be deemed void and the Permitted Collector that is a party to such contract:
A.
The Borough
of Quarryville shall have the power to issue the Borough of Quarryville's
Policies and Procedures governing all matters set forth in this article
and any other related matters be necessary or convenient by the Borough
of Quarryville. The Borough of Quarryville's Polices and Procedures
shall be effective when adopted by the Borough Council. The Borough
of Quarryville shall have the power to establish record and reporting
requirements, and standards and procedures for the issuance, administration
and revocation of collection permits, as deemed necessary including,
without limitation:
(1)
Application
procedures, fees, standards and conditions for collection permits;
(2)
The
fixing of a monetary bond, with or without surety, to secure the compliance
by any Permitted Collector with any such requirements, standards or
procedures; and
(3)
Any
other matters deemed necessary or convenient by the Borough of Quarryville.
B.
In the
event of suspension or revocation of any license or permit which is
issued by the Borough of Quarryville or LCSMA, the Person whose collection
permit is suspended or revoked shall refund to each Customer any prepaid
fees.
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
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.