[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any words and phrases used but not defined herein shall have the same meanings as set forth in the LCSWMA Rules and Regulations which are incorporated into this article by reference, or, if not defined therein, shall have the same meanings as they have in common usage and so as to give this article its most reasonable application.
ACT 101The 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.
ACT 97The Solid Waste Management Act, Act of July 7, 1980, P.S. 380, No. 97, as now or hereafter amended, 35 P.S. § 6018.101 et seq.
ALUMINUMAll 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 BAGSBags 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 GLASSClear 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 GLASSColored 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 DATEThe date upon which the current and each subsequent municipal contract collection services begin.
COMMINGLEDDesignated 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 ACTIVITIESEvents 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.
COMPOSTINGThe process by which solid organic waste is biologically decomposed under controlled aerobic or anaerobic conditions to yield a humus-like product.
CONSTRUCTION/DEMOLITION WASTEA portion of municipal waste resulting from the construction or demolition of buildings and other structures, including wood, plaster, drywall and wall board, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes street sweepings and nonfriable asbestos waste. The term does not include the following if they are separated from other waste and used as clean fill:
A. Uncontaminated soil, rock, stone, gravel, brick, block, concrete, and used asphalt; or
B. Waste from land clearing, grubbing and excavation including trees, brush, stumps and vegetative material.
CONTRACTORthe person providing municipal contract waste and designated recyclable materials collection services under the municipal contract.
CORRUGATED CARDBOARDUnbleached, unwaxed kraft paper that is formed into layers with a fluted medium and manufactured into shipping boxes and related products.
COUNTYThe County of Lancaster, Pennsylvania.
CURBSIDEThe correct location for the placement of refuse containers and recycling containers for the purpose of collection by the contractor under the municipal contract, and by permitted collectors at residential units, multifamily units and nonresidential units, which shall be:
A. Adjacent to the unit; and
B. No more than five feet from the public street used by collection vehicles.
CUSTOMERA person with an agreement for on-site collection of solid waste generated by such person or within a residential unit, multifamily unit or nonresidential unit occupied by such person.
EXISTING CONTRACTAny 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.
EXTRA REFUSE CONTAINERSRefuse containers which are in excess of the number of refuse containers per collection site limit in the municipal contract.
EXTRA SERVICE TAGA label which shall be affixed to tires, white goods, oversized refuse items, yard waste and extra refuse containers in order for such items to be collected by the contractor.
FACILITYAny 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.
FARMA 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.
GENERATORA person who produces or creates any solid waste.
HAZARDOUS WASTEGarbage, 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 cause or significantly contribute to an increase in mortality or morbidity in either an individual or the total population; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The term does not include:
A. Coal refuse as defined in the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51 through 30.62);
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 (35 P.S. §§ 691.1 through 691.1001);
C. Solid or dissolved material in domestic sewage;
D. Solid dissolved materials in irrigation return flows;
E. 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
F. Source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011 through 2394).
HOUSEHOLD HAZARDOUS WASTEA portion of municipal waste that would be considered hazardous under Act 97 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:
C. Chlorinated hydrocarbons;
D. Fluorescent light bulbs and other mercury-containing devices;
F. Grease and rust solvents;
G. Oven, toilet and drain cleaners;
H. Paints, rust preventatives, stains and wood preservatives;
I. Pesticides, fungicides, herbicides, insecticides, rodenticides, roach and ant killers;
J. Photographic and pool chemicals;
K. Thinners, solvents and furniture strippers;
L. Transmission and brake fluids;
M. Used oil or other hydrocarbon based lubricants; and
N. Wood, metal, rug and upholstery cleaners and polishes.
LCSWMAThe Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act, as amended.
MANIFESTA 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 UNITA property with four or more residential units including, without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks, excluding farms.
MUNICIPAL CONTRACTThe agreement between the municipality and a permitted collector under which collection services are to be provided to residential units for municipal contract waste and for designated recyclable materials.
MUNICIPAL CONTRACT WASTEThose portions of regulated municipal waste which are to be collected and disposed of under this municipal contract. Municipal contract waste consists exclusively of refuse and oversized refuse items.
MUNICIPAL CUSTOMERAn owner or occupant of a residential unit electing to receive the collection services for municipal contract waste and designated recyclable materials under the municipal contract.
MUNICIPALITYThe Township of Rapho, Lancaster County, Pennsylvania, 971 North Colebrook Road, Manheim, PA 17545.
MUNICIPALITY'S POLICIES AND PROCEDURESThe rules and regulations adopted and revised from time to time by the municipality which govern and pertain to:
A. The municipality's solid waste and recycling program; and
B. The on-site collection or storage of regulated municipal waste within the municipality.
NEWSPRINTPaper which has been used for the production of daily, weekend and special edition publications commonly known as newspapers.
NONPROCESSABLE WASTENonprocessable waste is a portion of municipal waste consisting of materials which cannot be handled by LCSWMA's normal processing or disposal methods. Nonprocessable waste includes items greater than six feet in any dimension such as mattresses, large furniture and recreational vehicles. Nonprocessable waste (oversized) may consist of large auto parts, machines, and any other items deemed appropriate by LCSWMA.
NONRESIDENTIAL UNITSAll commercial, municipal and institutional establishments, all community activities, and all farms, excluding residential units and multifamily units.
OPEN BURNINGA fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
OTHER CUSTOMERAn owner or occupant of a residential unit electing not to receive collection services under the municipal contract and that independently contracts with a permitted collector for the collection of regulated municipal waste and designated recyclable materials.
OVERSIZED REFUSE ITEMSRefuse which will not fit into refuse containers but which is not nonprocessable waste, including small furniture, carpet, and the like, but excluding tires and white goods.
PAPER and PAPERBOARDNewspaper inserts, empty food and tissue boxes, magazines, catalogs, brochures, telephone books, mixed office paper, envelopes and junk mail, other paper without wax liners, paper bags, and other acceptable grades of recyclable paper as determined by the market.
PERMITTED COLLECTORA 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 municipality for the on-site collection of solid waste or recyclable materials generated within the municipality.
PERSONAny 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.
PLASTICSRecyclable plastics are:
A. Screw top and narrow-neck bottles, jars and jugs; and
B. Other plastics that have been separated for the purpose of recycling.
PUTRESCIBLE WASTEA portion of municipal waste consisting of organic waste materials which due to biological decomposition are, or have a tendency to be, rotten, foul, or odorous, including dead animals and spoiled foods, but not including sludge.
RECYCLABLE MATERIALSAny 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.
RECYCLINGThe 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 or energy.
RECYCLING CONTAINERRefers to a receptacle which is constructed of plastic, metal or fiberglass and has handles of adequate strength for lifting which is utilized for recyclable materials.
REFUSERefuse is that portion of regulated municipal waste except:
A. Construction/demolition waste,
D. Household hazardous waste.
REFUSE CONTAINERA. A receptacle which is:
(1) 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 container by vectors; or
(2) A polyethylene bag which:
(a) Is specifically designed for storage and collection;
(b) Is protected against animal damage and overloading so as to prevent littering or attraction of insects or rodents; and
(c) Has a holding strength capable of withstanding normal stresses until it is collected.
B. With respect to residential units, the weight of a refuse container and its contents shall be in accordance with the municipality's policies and procedures.
REGULATED MUNICIPAL WASTEAny 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 material, 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 UNITAny single-family detached, semidetached or townhouse dwelling, or a dwelling unit within a multifamily building containing three or fewer dwelling units, excluding farms. When used in this article or the municipality's policies and procedures, the term "residential unit" shall also refer to any multifamily unit or nonresidential unit that requests and receives approval from the municipality to use the collection services provided under the municipal contract.
RESIDUAL WASTEAny 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 Control Act; or
B. Treatment sludge 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.
SCAVENGINGThe removal of designated recyclable materials in violation of §
280-28.
SINGLE STREAMA system where recyclable materials; commonly fibers and glass, metal and plastic containers; are collected and processed together.
SOLID WASTE or WASTEAny waste, including but not limited to municipal, residual, or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
SOURCE-SEPARATE or SOURCE SEPARATIONThe 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 CANSThe ferrous metal food or beverage containers commonly known as tin cans.
TIRESAny pneumatic rubber automobile, truck, or farm implement tire.
UNACCEPTABLE WASTEThe 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 GOODSA 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 WASTEAll garden residues, leaves, shrubbery, tree trimmings, and sod.