This chapter shall be known and referred to as the "Municipal Waste
Management Ordinance of the Borough of Ephrata."
Any capitalized term, if not defined in this chapter, shall have the
meaning as from time to time set forth in the LCSWMA Rules and Regulations
which are incorporated into this chapter by reference. In addition, as used
in this chapter, the following terms shall have the following meanings:
ACT 97
The 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.
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act,
Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter amended, 53 P.S.
§ 4000.101 et seq.
ALUMINUM
All food and beverage cans made of the light-in-weight, ductile and
malleable metallic substance or element commonly known as "aluminum." This
description excludes aluminum foil, trays, plates, and miscellaneous aluminum
products.
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
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
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
October 1, 1990, the date upon which the Borough's mandatory
recycling program and Municipal Contract collection services began.
COMMINGLED
Designated recyclable materials which have been segregated from regulated
municipal waste, but have not been separated into different types of recyclable
materials and 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.
CONTRACTOR
The person(s) providing municipal contract waste and designated recyclable
materials collection services under the Borough Contract(s).
CONSTRUCTION/DEMOLITION WASTE
A portion of municipal waste resulting from the construction or demolition
of buildings and other structures, including wood, plaster, drywall and wallboard,
metals, asphaltic substances, bricks, block, and unsegregated concrete. The
term also includes street sweepings and non-friable 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.
B.
Waste from land clearing, grubbing and excavation including trees, brush,
stumps and vegetative material.
CORRUGATED CARDBOARD
Unbleached, unwaxed kraft paper that is formed into layers with a
fluted medium and manufactured into shipping boxes and related products.
COUNTY
The County of Lancaster, Pennsylvania.
CURBSIDE
The correct location for the placement of refuse containers and recycling
containers for the purpose of collection by the contractor(s) under the Borough
contract(s), and by permitted collectors at residential units, multifamily
units and nonresidential units, which shall be adjacent to the Residential
Unit and no more than five feet from the public street used by collection
vehicles.
CUSTOMER
A 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.
ELIGIBLE COMMERCIAL ESTABLISHMENT
Any person, other than a residential unit, who generates municipal
waste and requests and receives approval by the Borough to use the collection
services provided under this contract.
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 which was legally entered into prior
to the effective date of this chapter and when entered into was legally enforceable.
EXTRA REFUSE CONTAINERS
Refuse containers which are in excess of the number of refuse containers
per collection site limit in the Borough Contract.
EXTRA SERVICE TAG
A 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.
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.
GARBAGE
Kitchen or household refuse.
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 coal refuse as defined in the Coal Refuse
Disposal Control Act (52 U.S.C.A. §§ 30.51-30.62); 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. § 691.1691.1001); 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).
HOUSEHOLD HAZARDOUS WASTE
A 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, stain 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.
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, the source, type, quantity and delivery point
for the solid waste or source-separated recyclable materials, the applicable
license number and other pertinent information.
MULTIFAMILY UNIT
A property with five or more residential units including, without
limitation, apartment complexes, condominium complexes, retirement homes and
mobile home parks, excluding farms.
MUNICIPAL CONTRACT
The agreement between the Borough and a permitted collector under
which collection services are to be provided to residential units and eligible
commercial establishments for municipal contract waste and/or for designated
recyclable materials.
MUNICIPAL CONTRACT WASTE
Those 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 CUSTOMER
An owner or occupant of each residential unit for the collection
of designated recyclable materials under the Municipal Contract and any residential
unit or eligible commercial establishment electing to receive the collection
services for municipal contract waste.
MUNICIPALITY'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to time by
the Borough which govern and pertain to the Borough's recycling program
and the on-site collection or storage of regulated municipal waste within
the Borough.
NEWSPRINT
Paper that has been used for the production of daily, weekend and
special edition publications commonly known as "newspapers."
NONPROCESSABLE WASTE
Nonprocessable waste is a portion of municipal waste consisting of
materials that 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 UNITS
All commercial, municipal and institutional establishments, all community
activities, and all farms, excluding residential units and multifamily units.
OVERSIZED REFUSE ITEMS
Refuse which will not fit into refuse containers but which is not
nonprocessable waste, including small furniture, carpet, portable televisions
and the like, but excluding tires and white goods.
OPEN BURNING
A fire, the air contaminants from which are emitted directly into
the outdoor atmosphere and not directed thereto through a flue.
OTHER CUSTOMER
An 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.
PERMITTED COLLECTOR
A person who is in possession of all pertinent permits and licenses
which may be required by the Commonwealth of Pennsylvania and LCSWMA for the
off-site collection, transportation, storage or disposal of solid waste or
recyclable materials.
PERSON
Any individual, firm, partnership, corporation, association, institution,
cooperative enterprise, Borough, 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 consist of two types of containers, namely, #1 PETE (such as soda bottles)
and #2 HDPE (such as milk, spring water, and detergent bottles).
PUTRESCIBLE WASTE
A 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 MATERIALS
Any material which would be regulated municipal waste but for source
separation and which will be processed into raw materials or products which
are beneficially reused.
RECYCLING
The separation, collection, recovery and sale or reuse of metals,
glass, 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 CONTAINER
For residential units, the term "recycling container" shall refer
to the container supplied by the Borough. For multifamily units and nonresidential
units, the term "recycling container" shall refer to a receptacle that is
constructed of plastic, metal or fiberglass and has handles of adequate strength
for lifting.
REFUSE
That portion of regulated municipal waste except:
A.
Construction/demolition waste;
D.
Household hazardous waste.
REFUSE CONTAINER
A receptacle which is 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 a polyethylene
bag which is specifically designed for storage and collection, is protected
against animal damage and overloading so as to prevent littering or attraction
of insects or rodents, and has a holding strength capable of withstanding
normal stresses until it is collected. With respect to residential units,
the weight of a refuse container and its contents shall not exceed 30 pounds
nor shall its capacity exceed 32 gallons.
REGULATED MUNICIPAL WASTE
Any solid waste generated or collected within the Borough which is
garbage, refuse, industrial lunchroom or office waste, and other material,
including solid, liquid, semisolid or contained gaseous material, resulting
from 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 multifamily building containing four or fewer dwelling
units, excluding farms. When used in this chapter or the Borough's Policies
and Procedures, the term "residential unit" shall also refer to any multifamily
unit or nonresidential unit (eligible commercial establishment) that requests
and receives approval from the Borough to use the collection services provided
under the Municipal Contract(s).
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 coal refuse as defined in the Coal Refuse Disposal Control
Act or 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 § 271-
13 of this chapter.
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 ordinance 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 smaller than
six inches in diameter, grass clippings, and sod.
All persons within the Borough 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 a residential unit, multifamily unit or nonresidential
unit within the Borough shall ensure that regulated municipal waste and designated
recyclable materials generated at such residential unit, multifamily unit
or nonresidential unit are collected and disposed of in accordance with this
chapter, the Borough's Policies and Procedures, and LCSWMA Rules and
Regulations.
All persons who collect on-site, store, process or dispose of regulated
municipal waste or designated recyclable materials within the Borough shall
demonstrate, if so required by the Borough, that:
A. A valid license has been issued by LCSWMA to the applicant.
B. 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 Borough Ordinances and the Borough Policies
and Procedures.
C. Regulated municipal waste and designated recyclable materials
shall be suitably enclosed or covered in all vehicles to be used so as to
prevent roadside littering, attraction of vectors, or the creation of other
nuisances.
D. All disposal of regulated municipal waste other than
designated recyclable materials shall be at a facility.
E. All designated recyclable materials shall be recycled
and shall not be disposed of as regulated municipal waste.
F. Insurance shall be obtained for the applicant's
proposed operation in the Borough. A certificate of insurance demonstrating
limits as follows:
(1) Required vehicle liability insurance: the minimum liability
insurance required under state law.
(2) General liability: bodily injury, $100,000 per occurrence,
and property damage, $100,000 per occurrence.
(3) Worker's compensation: as required by law.
G. All equipment to be used have been properly licensed
and inspected, and all operators have valid operators' licenses for the
class of vehicle operated.
From the time of placement for collection at curbside of any designated
recyclable materials, all such designated recyclable materials shall be the
property of the generator, the contractor or the permitted collector who has
contracted to provide on-site collection, as provided in the Municipal Contract
or a collection agreement. It shall be a violation of this chapter for any
person, other than the contractor or a permitted collector, to collect or
pick up, or cause to be collected or picked up, any such designated recyclable
materials. Each such collection shall constitute a separate and distinct offense.
It shall be a violation of this chapter for any person other than the
contractor or a permitted collector to collect or pick up, or cause to be
collected or picked up, any regulated municipal waste within the Borough.
Each such collection shall constitute a separate and distinct offense.
The Borough shall have the power to issue the Borough's Policies
and Procedures governing all matters set forth in this chapter and any other
related matters be necessary or convenient by the Borough. The Borough's
Policies and Procedures shall be effective when issued in writing and signed
by the manager of the Borough. The Borough shall have the power to establish
service fees, record and reporting requirements, and standards and procedures
for the issuance, administration and revocation of licenses, as deemed necessary,
including without limitation, application procedures, fees, standards and
conditions for licenses; 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 any other matters deemed necessary or convenient
by the Borough. In the event of suspension or revocation of any license which
is issued by the Borough, LCSWMA or PADEP, 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 chapter or any provision
of the Borough's Policies and Procedures. All unlawful conduct shall
also constitute a public nuisance.
Any person violating any provision of this chapter or any provision
of the Borough's Policies and Procedures shall, upon conviction thereof
in a summary proceeding, be liable to pay a fine or penalty of not less than
$600 plus costs of prosecution and, in default of the payment of such fines
and costs, to undergo imprisonment for not more than 30 days. Each violation
of any provision of this chapter or of any provision of the Borough's
Policies and Procedures, and each day that such a violation continues, shall
constitute a separate violation and offense.
For purposes of the obligations established by this chapter or the Borough's
Policies and Procedures, and for purposes of any fine, penalty, imprisonment
or other sanction, the terms "person," "municipal customer," "other customer,"
"residential unit, "multifamily unit" and "nonresidential unit" shall include
officers, directors and partners of any corporation or partnership or other
legal entity having officers, directors or partners; and refer to, and impose
joint and several liability upon, both the persons residing in or occupying
any such residential, multifamily or nonresidential units and 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 chapter, the Borough
may institute proceedings to restrain any violation of, or to require compliance
with, this chapter and/or the Borough's Policies and Procedures.
The penalties and remedies set forth in this chapter are in addition
to, not in lieu of, any fines, penalties or remedies provided in the Borough's
Policies and Procedures. The existence or exercise of any remedy shall not
prevent the Borough from exercising any other remedy provided under this chapter
or the Borough's Policies and Procedures, or available at law or equity
including the filing of a lien for the nonpayment of service fees.
Any other ordinances, including Ordinance Number 948 which was adopted
and approved on February 21, 1972, and Ordinance Number 1189 which was adopted
and approved on August 13, 1990, which pertain to regulated municipal waste
or designated recyclable materials are hereby repealed to the extent of any
inconsistency with this chapter.
The receptacles shall be kept in the rear of the house, apartment building,
storeroom, restaurant, etc., or shall be put in such places for the convenient
collection of their contents prior to the time set for collections as shall
be provided with the approval of the Borough for the collection of the same
from the respective premises. At no time shall any vessels, receptacles or
containers be placed or kept upon the alley, street, sidewalk or public place
or in front of any building, residence or retail or wholesale establishment.
Containers shall be accessible to the collector when called for, and each
owner or person responsible for such garbage and/or rubbish shall provide
sufficient receptacles to contain the garbage and/or rubbish.
It shall be unlawful for any collector, including a licensed hauler
or other hauler, of regulated municipal waste and/or designated recyclable
materials within the Borough of Ephrata to remove any such waste within the
Borough of Ephrata between the hours of 7:00 p.m. and 5:00 a.m.