[HISTORY: Adopted by the Board of Supervisors of the Township
of Salisbury as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 12-16-1986-3 (Ch. 20, Part 1, of the 1999 Code of Ordinances)]
A.
COUNTY
EXISTING CONTRACT
FACILITY
FULL SYSTEM OPERATION or FULLY OPERATIONAL
LCSWMA
MUNICIPALITY
PERSON
PLAN
POINT OF ENTRY INTO THE SYSTEM
RECYCLING
REGULATED MUNICIPAL WASTE
(1)
(2)
(3)
(4)
(5)
(6)
SOURCE SEPARATION
SYSTEM
TRANSFER FACILITY
The following terms shall have the following meanings when used in
this article:
The County of Lancaster.
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 Township.
The waste to energy incinerator to be constructed by or on
behalf of LCSWMA pursuant to the plan.
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.
The Lancaster County Solid Waste Management Authority, its
assigns, its successors in interest and its predecessor in interest,
the Lancaster Area Refuse Authority (LARA).
The Township of Salisbury, a Township of the second class
located within the County of Lancaster, Commonwealth of Pennsylvania.
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.
The municipal waste management plan for the County adopted
by the County or municipalities therein and approved by the Pennsylvania
Department of Environmental Protection.
Any delivery site within the system designated by LCSWMA
for delivery of regulated municipal waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, yard waste and other materials which would otherwise
become 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 "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:
Any liquid waste or sludge;
Any waste which is defined by existing or future federal or
state law or regulation as hazardous waste or residual waste;
Infectious waste, pathological waste or other waste for which
treatment or handling requirements different from those normally applicable
to municipal waste apply;
Polychlorinated biphenyls;
Any waste which may be marketable and which is intentionally
segregated for purposes of recycling; and
Materials specifically excluded under applicable County or LCSWMA
ordinances, rules or regulations.
The segregation and collection, prior to delivery to a point
of entry into the system, of materials for the sole purpose of recycling.
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.
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 2-2-1999 by Ord.
No. 2-2-99-2]
A.
Licensing. No person who is not duly licensed by LCSWMA to deliver
waste to the County system may collect or transport municipal waste
located or generated within this Township. This prohibition shall
become effective 120 days from the effective date of this section
of this article.
B.
Compliance with rules, regulations and ordinances. In carrying on
activities related to solid waste collection or transportation within
this Township, all municipal waste collectors and all municipal waste
transporters shall comply with all rules, regulations and ordinances
pertaining to the collection, transportation and disposal of solid
waste as may be hereinafter enacted by this Township or by the County
pursuant to a parallel County Waste Flow Ordinance and all rules and
regulations enacted by LCSWMA pursuant to authority given it under
53 Pa.C.S.A. § 5601 et seq., as hereafter amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Administration. Licenses hereunder shall be issued, revoked and administered
by LCSWMA.
A.
Delivery to LCSWMA/county sites. All municipal waste collectors and
transporters shall deliver and dispose of all regulated municipal
waste collected or generated within the Township at a transfer station
or disposal facility owned and operated by or on behalf of LCSWMA,
subject to such reasonable regulations for the operation thereof as
may be established by the County or LCSWMA.
B.
Disposal at other sites. Disposal of regulated municipal waste collected or generated within the Township may occur at other sites only as permitted by rule, regulation, ordinance or order duly issued by the County or by the written agreement of the County, LCSWMA and the Township. Disposal of regulated municipal waste at an existing facility from sources reflected on the notice to the Township, the County and LCSWMA as provided in § 288-6 of this article shall be permitted.
C.
Recycling. Nothing herein shall be deemed to prohibit source separation
or recycling or to affect any sites at which source separation or
recycling may take place.
[Amended 2-2-1999 by Ord.
No. 2-2-99-2]
A.
Compliance with county and LCSWMA regulations. The collection, transportation
and disposal of municipal waste present or generated within the Township
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 Pa.C.S.A. § 5601 et seq.,
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 § 288-11, hereof, shall be deemed rules and regulations adopted under this article, 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 shall be contrary
to or less stringent than the provisions of this article, the plan,
the County Waste Flow Ordinance, the Pennsylvania Solid Waste Management
Act, 35 P.S. § 6018.101 et seq., 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.
A.
Noninterference with existing contracts. Nothing contained in this
article shall be construed to interfere with or in any way modify
the provisions of any existing contract in force in the Township on
the effective date of this article.
B.
New contracts and renewals of existing contracts. No renewal of any
existing contract upon the expiration of the original term thereof
and no new contract for municipal waste collection, transportation,
processing or disposal shall be entered into after the effective date
of this article, unless such renewal or such contract shall conform
to the requirements of this article, the County Waste Flow Ordinance,
rules and regulations promulgated thereunder and the terms of licenses
issued thereunder.
[Amended 2-2-1999 by Ord.
No. 2-2-99-2]
A.
Prohibition of private waste processing and disposal facilities.
No person other than LCSWMA, the United States of America, the Commonwealth
of Pennsylvania, a county, a municipality, an authority created by
the foregoing, or a person acting on behalf of the foregoing shall
use or permit to be used any property owned or occupied by that person
within the Township as a municipal waste processing or disposal facility,
either for municipal waste generated within the Township or elsewhere,
without the express written approval of the Township, the County and
LARA.
B.
Recycling. The prohibition set forth in Subsection A, above, shall not interfere with the operation of any program for recycling.
C.
Existing facilities. The prohibition set forth in Subsection A, above, shall not interfere with the operation of any privately or publicly owned solid waste facility which has been issued a solid waste permit before the effective date of this article, provided:
(1)
The owner or operator of the facility provides written notice to
the County and the Township of the facility permit number, address,
ownership and existing sources of waste no later than 60 days after
the effective date of this article.
(2)
The facility accepts regulated municipal waste from no sources within
the County other than those then authorized by the facility's
solid waste permit and then being accepted, as reflected on the notice
provided the County and Township pursuant to this section.
(3)
The facility shall not be expanded in capacity, with the exception
of facilities owned or operated by or on behalf of another County,
which facilities may expand if such expansion is consistent with a
DEP approved municipal waste management plan.
(4)
Notices under this section shall be submitted to the County on behalf
of the Township. The County may, by resolution, designate LCSWMA or
another authority or agency as the entity which will receive notice
pursuant to this section.
A.
Unlawful conduct. It shall be unlawful for any person to:
(1)
Accumulate or cause to be accumulated municipal waste in an amount
greater than 20 tons, other than waste which has been source separated
for the purpose of recycling.
(2)
Violate, cause or assist in the violation of any provision of this
article, any rule, regulation or order promulgated hereunder, or any
rule, regulation or order promulgated by LCSWMA or the County consistent
with this article.
(3)
Process, treat, transfer or dispose of or cause to be processed, treated, transferred or disposed regulated municipal waste generated within the Township at any solid waste facility other than a solid waste facility owned or operated by or on behalf of the County or LCSWMA or at an existing solid waste facility as permitted by § 288-6C of this article, without the express written consent of any municipality within which the facility is located, the County and LCSWMA.
(4)
Collect or transport municipal waste present or generated within
the County without a valid license for disposal issued by LCSWMA.
(5)
Hinder, obstruct, prevent or interfere with the Township, the County,
LCSWMA or their personnel in the performance of any duty under this
article or in the enforcement of this article.
(6)
Act in a manner that is contrary to the Pennsylvania Solid Waste
Management Act, 35 P.S. § 6018.101 et seq., regulations
promulgated thereunder, the plan, this article, the County ordinance,
rules or regulations promulgated thereunder, or the terms of licenses
issued thereunder.
[Amended 2-2-1999 by Ord.
No. 2-2-99-2; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision
of this article, or engages in unlawful conduct as defined in this
article, upon conviction thereof in an action brought before a district
justice in the manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure, shall be sentenced
to pay a fine of not less than $1,00 nor more than $1,000, plus costs.
Each day that a violation of this article continues or each Section
of this article which shall be found to have been violated shall constitute
a separate offense.
Upon finding that any person has engaged in unlawful conduct
as defined in this article:
A.
Restraining violations. In addition to any other remedy provided in this article, the Township, the County or LCSWMA may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 288-8, hereof, and revoke any licenses as authorized by § 288-9, hereof.
B.
Concurrent remedies. The penalties and remedies prescribed by this
article shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the Township, the County or LCSWMA from exercising
any other remedy provided by this article or otherwise provided at
law or equity.
A.
Entry into intermunicipal agreement. In order to implement the intent and terms of this article, the Township, pursuant to the authority of the Act of December 19, 1996, No. 177, 53 Pa.C.S.A. § 2301 et seq., and Article IX, § 5, of the Constitution of the Commonwealth of Pennsylvania, hereby enters into the intermunicipal joint cooperation agreement between this Township, the County and other municipalities within the County of Lancaster, which is attached hereto as Exhibit "A"[1] and incorporated herein, together with such changes consistent
with this article, if any, as may be approved by the officials of
the parties executing the same; such execution to be conclusive evidence
of such approval ("intermunicipal agreement").
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: The intermunicipal joint cooperation agreement
is on file in the Township office.
B.
Terms and implementation of intermunicipal agreement. As more fully
set forth in the intermunicipal agreement and this article:
(1)
Conditions and terms of agreement. In the agreement:
(a)
The County agrees:
[1]
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.
[2]
To coordinate recycling activities and marketing.
[3]
To ensure 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 and to assure otherwise that all acceptable municipal
solid waste be delivered to the County system.
(d)
The County agrees to assure reasonable solid waste disposal
fees for residents of the participating municipalities.
(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 Township 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 Township and other municipalities within the
County.
(b)
To administer a countywide recycling program.
(c)
To provide continuing municipal waste planning, as more fully
set forth in the recitals to the intermunicipal agreement and this
article.
(4)
Manner and extent of financing the agreement. Enforcement of this
article shall be financed by the County's general revenues, except
insofar as the Township elects to enforce this article; administration
of this article, 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.
(b)
Administer and enforce this article and parallel ordinances
adopted by the County and other municipalities pursuant to the intermunicipal
agreement; and the County and the Township 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.
(7)
Execution. Appropriate officers of the Township are authorized and
directed to execute the intermunicipal agreement on behalf of the
Township.
[Amended 2-2-1999 by Ord.
No. 2-2-99-2]
The Township 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 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 6-3-2003 by Ord.
No. 6-3-03-2]
Any term, if not defined in this section, 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 have the following
meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, 53 P.S. § 4000.101
et seq., as now or hereafter amended.
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97, 35 P.S. § 6018.101 et seq., as now or hereafter
amended.
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.
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 composed
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.
April 1, 2003, the date upon which the municipality's
recycling program and permitted collector program begin.
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.
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.
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
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.
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 § 288-19 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 municipality,
which: (a) was legally entered into prior to the effective date of
this article; and (b) when entered into was legally enforceable.
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 P.S. § 30.51 et seq.);
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
to 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.A.
§ 1342); or
Source, special nuclear, or by-product material as defined by
the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).
Desktop generated white paper limited to ledger, copy paper,
and computer printout (CPO).
A portion of municipal waste that would be considered hazardous
under Act 97, 35 P.S. § 6018.101 et seq., but for the fact
that it is produced in quantities smaller than those regulated as
hazardous waste under Act 97 and is generated by persons not otherwise
covered as hazardous waste generators by Act 97. Household hazardous
waste includes the following materials and other materials of a similar
nature:
Anti-freeze;
Batteries;
Chlorinated hydrocarbons;
Fluorescent light bulbs and other mercury-containing devices;
Gasoline and kerosene;
Grease and rust solvents;
Oven, toilet and drain cleaners;
Paints, rust preventatives, stains and wood preservatives;
Pesticides, fungicides, herbicides, insecticides, rodenticides,
roach and ant killers;
Photographic and pool chemicals;
Thinners, solvents and furniture strippers;
Transmission and brake fluids;
Used oil or other hydrocarbon based lubricants; and
Wood, metal, rug and upholstery cleaners and polishes.
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipal Authorities
Act, 53 Pa.C.S.A. § 5601 et seq., as amended.
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 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.
Salisbury Township.
The rules and regulations adopted and revised from time to
time by the municipality 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 consist of two types of containers, namely: No. 1 PETE (such as
soda bottles) and No. 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 municipality
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 § 288-23 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 ordinance 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.
All persons within the municipality shall source separate designated
recyclable materials generated by such person or generated within
a residential unit, multifamily unit or nonresidential unit occupied
by such person.
Each person who owns or occupies a residential unit, multifamily
unit or nonresidential unit within the municipality shall ensure that
regulated municipal waste and designated recyclable materials generated
at such residential unit, multifamily unit or nonresidential unit
are collected and disposed of in accordance with this article, the
municipality's policies and procedures, and the LCSWMA Rules
and Regulations.
Each person who owns or occupies a residential unit shall provide
proper collection and disposal of regulated municipal waste and designated
recyclable materials generated at such residential units by either
themselves delivering such materials to a facility or utilizing a
permitted collector to collect and deliver such materials to a facility.
A.
Each person who owns or occupies a nonresidential unit or multifamily
unit shall provide proper collection and disposal of regulated municipal
waste and designated recyclable materials by utilizing a permitted
collector to deliver such waste to a facility.
B.
Each person who owns a multifamily unit or nonresidential unit shall:
(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 and nonresidential 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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
& Waste Disposal in Lancaster County, identifies 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.
Residential.
(1)
No person other than a permitted collector shall collect on-site
regulated municipal waste or designated recyclable materials generated
in any residential unit, except that a person may deliver to a facility
such waste or designated recyclable materials which was 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 shall also collect designated recyclable materials from such
residential 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, white
goods, and yard waste 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 municipality. Each
permitted collector shall submit copies of LCSWMA manifests to the
municipality, upon request.
(4)
The schedule for collection of regulated municipal waste and designated
recyclable materials shall be as specified in the municipality's
policies and procedures.
(5)
Recycling containers for residential units will be provided by the
municipality which shall retain title to all such recycling containers.
Permitted collectors shall distribute recycling containers to all
of their residential unit customers in accordance with guidelines
to be established by the municipality.
B.
Nonresidential and multifamily units.
(1)
No person other than a permitted collector shall collect on-site
regulated municipal waste or designated recyclable materials generated
in any nonresidential or multifamily unit.
(2)
Each permitted collector that collects on-site designated recyclable
materials generated in any nonresidential or multifamily unit shall
complete monthly LCSWMA manifests, as required, reporting the amount
of regulated municipal waste and designated recyclable materials collected
in the municipality.
C.
General.
(1)
All regulated municipal waste and designated recyclable materials
generated or collected in the municipality 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 § 288-20C(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 on site, store, process or dispose
of regulated municipal waste or designated recyclable materials within
the municipality shall obtain a collection permit from the municipality
prior to performance of any such activities.
B.
Every person desiring a collection permit under this article shall
make application to the municipality. 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 have been revoked by LCSWMA or any other
municipality which requires permitting of haulers. (The municipality
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 municipality 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), LCSWMA, and all municipality ordinances and the
municipality 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 municipality. A certificate of insurance demonstrating limits
as follows:
(7)
All equipment to be used have been properly licensed and inspected,
and all operators have valid operator's licenses for the class
of vehicle operated.
D.
All municipality collection permits shall be issued for a period
of one year or longer. (There will be no proration of collection permit
fees in the event a permit is held for less than a full year.) The
municipality'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 municipality
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;
(2)
Violates any of the provisions of this article or the municipality'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 municipality customers or other 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 municipality. 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 Municipality
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 municipality, 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 municipality.
G.
Collection permits are not transferable to any other person.
A.
No person shall store, process or dispose of any regulated municipal waste or designated recyclable materials except at a facility. Notwithstanding the foregoing or § 288-19, yard waste may be composted to the extent and in the manner provided in the municipality'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 on-site 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 municipality's policies and procedures.
C.
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this § 288-24 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 shall reimburse to the applicable residential units and multifamily units any funds which have been paid for such on-site collection services as violate this article and shall not collect or attempt to collect any funds for such collection services as violate this article.
The municipality shall have the power to issue the municipality's
policies and procedures governing all matters set forth in this article
and any other related matters be necessary or convenient by the municipality.
The municipality's policies and procedures shall be effective
when issued, in writing, and signed by the manager of the municipality.
The municipality 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: a) application procedures, fees, standards and conditions
for licenses; b) 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 c) any other matters deemed
necessary or convenient by the municipality. In the event of suspension
or revocation of any license which is issued by the Municipality or
LCSWMA, the person whose license 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not less than $1,000 nor more than $1,000, plus costs of prosecution.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense.
For purposes of the obligations established by this article
or the municipality's policies and procedures, and for purposes
of any fine, penalty, imprisonment or other sanction, the terms "person,"
"residential unit," "multifamily unit" and "nonresidential unit" shall:
In addition to any other remedy provided in this article, the
municipality 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 municipality from exercising any other remedy
available at law or equity.
