City of Lancaster, PA
Lancaster County
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Table of Contents
Table of Contents
[Adopted 6-11-2002 by Ord. No. 6-2002[1]; amended 9-26-2006 by Ord. No. 12-2006[2]]
[1]
Editor's Note: This ordinance also repealed former Art IV, Solid Waste Management, adopted as Article 971 of the Codified Ordinances, as amended, Art. V, Solid and Municipal Waste, adopted as Article 975 of the Codified Ordinances, as amended, Art. VI, Solid Waste and Recyclables Management, adopted as Article 977 of the Codified Ordinances, as amended, and Art. VII, Lancaster Board of Sanitation and Sanitation Rules and Regulations, adopted 7-11-2000 by Ord. No. 3-2000.
[2]
Editor's Note: This ordinance is a reenactment of the provisions set forth in Ord. No. 8-2006, adopted 7-25-2006.
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 have the following meanings:
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.S. 380, No. 97,[1] as now or hereafter amended.
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, No. 101,[2] as now or hereafter amended.
ALUMINUM
All food and beverage cans made of the light in weight, ductile and malleable metallic substance or element commonly known as aluminum. This description excludes aluminum foil, trays, plates, and miscellaneous aluminum products.
BATTERY BAGS
Bags which LCSWMA makes available to Generators of Municipal Waste and which shall be used as disposal containers for batteries which are generated in households.
CHIPBOARD
Also referred to as "Boxboard" or "Paperboard," a light-weight single-layer paperboard used for boxes and packaging which includes product packaging that is not Corrugated Cardboard.
[Added 6-27-2017 by Ord. No. 08-2017]
CLEAR AND COLORED GLASS
Consists only of clear and colored 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.
[Amended 6-27-2017 by Ord. No. 08-2017[3]]
COMMENCEMENT DATE
The date upon which the current and subsequent Municipal Contract collection services begin.[4]
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals, including but not limited to fairs, bazaars, socials, picnics, concerts and organized sporting events attended by 200 or more individuals per day.
[Amended 6-27-2017 by Ord. No. 08-2017]
COMPOSTING
The process by which solid organic waste is biologically decomposed under controlled aerobic or anaerobic conditions to yield a humus-like product.
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.
CONTRACTOR
The Person, which may include the Municipality, providing Municipal Contract Waste and Designated Recyclable Materials collection services under the Municipal Contract.
CORRUGATED CARDBOARD
Unbleached, unwaxed Kraft paper that is formed into layers with a fluted medium and manufactured into shipping boxes and related products.
CURBSIDE
The correct location for the placement of Refuse Containers and Recycling Containers for the purpose of collection by the Contractor, which shall be: a) adjacent to the Residential Unit; and b) no more than five feet from the public street used by collection vehicles.
DESIGNATED RECYCLABLE MATERIALS
Those Source-Separated Recyclable Materials designated in § 258-38 of this article.
DESIGNATED CONTRACT RECYCLABLE MATERIALS
Those Source-Separated Recyclable Materials designated in § 258-39 of this article.
E-WASTE
Recyclable Electronics are defined under the Pennsylvania Covered Devices Recycling Act (CDRA)[5] of 2010 to include: desktop computer processing units (CPU), laptop computers, computer monitors, computer peripherals (keyboard, mouse, printer and computer speakers), televisions and e-readers. E-Waste is prohibited from being disposed as Regulated Municipal Waste by Persons or Permitted Collectors and must be Recycled at a Facility authorized by PaDEP.
[Added 6-27-2017 by Ord. No. 08-2017]
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 Municipality which: a) was legally entered into prior to the effective date of this article (September 26, 2006); and b) when entered into was legally enforceable.
[Amended 6-27-2017 by Ord. No. 08-2017]
EXTRA REFUSE CONTAINERS
Refuse Containers which are in excess of the number of Refuse Containers per collection site limit in the Municipal Contract.
FACILITY
Any specific site designated by LCSWMA (or approved by LCSWMA) as the specific place or site to which Solid Waste or Source-Separated Recyclable Materials, or any portion of Solid Waste or Source-Separated Recyclable Materials, must or may be delivered; or in the absence of a specific site being designated by LCSWMA, any approved site for the delivery of any category of Solid Waste or Source-Separated Recyclable Materials.
FARM
A tract of land containing 10 or more acres which is used for agricultural purposes, which agricultural activities provide the major and primary source of income to the residents of the tract.
GENERATOR
A Person who produces or creates any Solid Waste.
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: a) coal refuse as defined in the Coal Refuse Disposal Control Act (52 U.S.C.A. §§ 30.51-30.62); 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. §§ 2011-2394).
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:
[Amended 6-27-2017 by Ord. No. 08-2017]
A. 
Anti-freeze;
B. 
Batteries;
C. 
Chlorinated hydrocarbons;
D. 
Fluorescent light bulbs and other mercury-containing devices;
E. 
Gasoline and kerosene;
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;
N. 
Wood, metal, rug and upholstery cleaners and polishes; and
O. 
E-Waste.
ILLEGAL DUMPING
The unauthorized disposal of Solid Waste or Recyclable Materials at a location other than a Facility.
[Added 6-27-2017 by Ord. No. 08-2017]
LCSWMA
The Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act, as amended.
LCSWMA FACILITY
Any Facility owned or operated by or on behalf of LCSWMA.
LCSWMA RULES AND REGULATIONS
Policies and procedures adopted and revised from time to time by LCSWMA which govern and pertain to the transportation, delivery and disposal of Solid Waste.
[Added 6-27-2017 by Ord. No. 08-2017]
MAGAZINES
Paper with a clay coating creating a shiny appearance including periodicals, catalogs, flyers, advertisements and similar printed materials.
[Added 6-27-2017 by Ord. No. 08-2017]
MANIFEST
A form supplied by LCSWMA to be completed and signed by each Person who collects or transports Solid Waste or Source-Separated Recyclable Materials and which specifies, inter alia: a) the source, type, quantity and delivery point for the Solid Waste or Source-Separated Recyclable Materials; b) the applicable license number; and c) other pertinent information.
MIXED OFFICE PAPER
Desktop-generated paper including: white and colored ledger, copy paper, computer printout (CPO), envelopes, folders, flyers and the like. Office paper does not include tissue paper including: facial tissues, napkins, paper towels and similar paper products.
[Amended 6-27-2017 by Ord. No. 08-2017]
MULTIFAMILY UNIT
A property with five (5) 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 Municipality and a Permitted Collector under which collection services are to be provided to Residential Units for Municipal Contract Waste and for Designated Contract 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.
MUNICIPALITY
City of Lancaster located in the County of Lancaster, Commonwealth of Pennsylvania, also known as Lancaster City.
[Amended 6-27-2017 by Ord. No. 08-2017]
MUNICIPALITY'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to time by the Municipality which govern and pertain to: a) the Municipality's Recycling program; and b) the on-site collection or storage of Regulated Municipal Waste within the Municipality.
NEWSPRINT
Paper which 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 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 large auto parts, machines, and any other items deemed appropriate by LCSWMA.
[Amended 6-27-2017 by Ord. No. 08-2017]
NONRESIDENTIAL UNITS
All commercial, municipal and institutional establishment, all Community Activities and all Farms, excluding Residential Units and Multifamily Units.
OPEN BURNING
A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
OVERSIZED REFUSE ITEMS
Refuse which will not fit into Refuse Containers, but which is not Nonprocessable Waste, including small furniture, carpet, mattresses and box springs and the like, but excluding Tires and White Goods.
[Amended 6-27-2017 by Ord. No. 08-2017]
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION or PADEP
The state agency responsible for administering Act 97, Act 101, CDRA, and other related regulations.
[Added 6-27-2017 by Ord. No. 08-2017]
PERMITTED COLLECTOR
A Person, which includes the Municipality, who is in possession of all pertinent permits and licenses which may be required by: a) the Municipality; and b) LCSWMA, for the collection, storage or disposal of Solid Waste or Recyclable Materials.
PERSON
Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of these rules and regulations prescribing a fine, penalty or other enforcement action, or any combination of the foregoing, the term "Person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
[Amended 6-27-2017 by Ord. No. 08-2017]
PLASTICS
Recyclable Plastics consist of rigid consumer product packaging including: a) narrow neck bottles; b) wide mouth containers; and c) hinged containers; which are made of PET, HDPE, and other resins or blends of resins. Recyclable Plastic flexible films shall not be collected in Recycling Containers.
[Amended 6-27-2017 by Ord. No. 08-2017]
PROPERTY VIOLATION TICKET
An administrative ticket authorized by City Code Chapter 293 that establishes fines and abatement fees for certain violations of provisions of this article or the Municipality's Policies and Procedures.
[Added 6-27-2017 by Ord. No. 08-2017]
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.
RECYCLING CONTAINER
For Residential Units, the term "Recycling Container" shall refer to the container supplied by the Municipality. For Multifamily Units and Nonresidential Units, the term "Recycling Container" shall refer to a receptacle which is constructed of plastic, metal or fiberglass and has: a) handles of adequate strength for lifting; and/or b) wheels for mobility.
[Amended 6-27-2017 by Ord. No. 08-2017]
REFUSE
Refuse is that portion of Regulated Municipal Waste except:
A. 
Construction/Demolition Waste;
B. 
Nonprocessable Waste;
C. 
Putrescible Waste; and
D. 
Household Hazardous Waste.
REFUSE CONTAINER
A receptacle which is: a) constructed of plastic, metal, or fiberglass, having handles of adequate strength for lifting and/or wheels for mobility and having a tight-fitting lid capable of preventing entrance into the container by vectors; or b) a polyethylene bag which: i) is specifically designed for storage and collection; ii) is protected against animal damage and overloading so as to prevent littering or attraction of insects or rodents; and iii) 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, except for wheeled carts.
[Amended 6-27-2017 by Ord. No. 08-2017]
REGULATED MUNICIPAL WASTE
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 material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities. The term does not include Designated Recyclable Materials or Unacceptable Waste.
[Amended 6-27-2017 by Ord. No. 08-2017]
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 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 WASTE
Any garbage, refuse, other discarded material or other Waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term does not include: a) coal refuse as defined in the Coal Refuse Disposal Control Act; or b) treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law.
SCAVENGING
The removal of Designated Recyclable Materials in violation of § 258-44 of this article.
SINGLE STREAM
A collection system where Recyclable Materials; commonly fibers and glass, metal and plastic containers: 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. Single Stream includes, but is not limited to, the following: Aluminum, Steel Cans, Clear and Colored Glass, Plastics, Newsprint, Magazines, Chipboard, Mixed Office Paper, and Corrugated Cardboard.
[Amended 6-27-2017 by Ord. No. 08-2017]
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 shall not be collected with Regulated Municipal Waste and are Unacceptable Waste unless approved by the Municipality and LCSWMA on a case-by-case basis:
[Amended 6-27-2017 by Ord. No. 08-2017]
A. 
Chemotherapeutic waste;
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 having a capacity of 19 pounds or less;
E. 
Hazardous waste;
F. 
Infectious/pathological waste; and
G. 
Radioactive materials;
H. 
Liquid waste;
I. 
E-Waste designated in the Covered Device Recycling Act.[6]
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, and tree trimmings less than six inches in diameter.
[Amended 6-27-2017 by Ord. No. 08-2017]
YARD WASTE BAG
A thirty-gallon biodegradable Kraft paper bag used for the collection of Yard Waste.
[Added 6-27-2017 by Ord. No. 08-2017]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: This ordinance also repealed the definition of "colored glass," which immediately followed this definition.
[4]
Editor's Note: The former definition of “commingled,” which immediately followed this definition, was repealed 6-27-2017 by Ord. No. 08-2017.
[5]
Editor's Note: See 35 P.S. § 6031.101 et seq.
[6]
Editor's Note: See 35 P.S. § 6031.101 et seq.
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 Material 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 LCSWMA Rules and Regulations.
Collection services for Municipal Contract Waste, and for Designated Contract Recyclable Materials shall be provided to Residential Units by the Contractor at a frequency of not less than once per week. Each Person who owns or occupies a Residential Unit shall prepare Designated Contract Recyclable Materials and Municipal Contract Waste for collection in accordance with the Municipality's Policies and Procedures. With respect to Regulated Municipal Waste, which is not Municipal Contract Waste, and Designated Contract Recyclable Materials, Persons who own or occupy Residential Units shall elect to provide proper on-site collection and disposal by either: a) themselves delivering such materials to a Facility; or b) 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 for Regulated Municipal Waste, at a frequency of not less than once per week, and Designated Recyclable Materials by utilizing a Permitted Collector to collect and deliver such materials to a Facility. With respect to Municipal Contract Waste and Designated Contract Recyclable Materials, a Person who owns or occupies a Multifamily Unit or Nonresidential Unit may request Municipality approval to receive the services under the Municipal Contract.
B. 
Each Person who owns or occupies a Multifamily Unit or Nonresidential Unit approved to receive services under the Municipal Contract shall comply with the Municipality's Policies and Procedures established for Residential Units and notwithstanding the provisions of § 258-38B and C of this article, shall Source Separate the Recyclable Materials designated in § 258-38A.
C. 
Each Person who owns a Multifamily Unit or Nonresidential Unit that does not receive services under the Municipal Contract 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 of Source-Separated Designated Recyclable Materials at a frequency of not less than once per month.
[Amended 6-27-2017 by Ord. No. 08-2017]
A. 
Each person who owns or occupies a Residential Unit, Multifamily Unit, or a Nonresidential Unit shall Source Separate the following Recyclable Materials:
(1) 
Single Stream;
(2) 
Yard Waste;
(3) 
Tires; and
(4) 
White Goods.
B. 
Recyclable Materials included in Single Stream shall be specified in the Municipality's Policies and Procedures.
[Amended 6-27-2017 by Ord. No. 08-2017]
Each person who owns or occupies a Residential Unit shall Source Separate Single Stream Recyclable Materials for collection by the Contractor.
A. 
With respect to Municipal Contract Waste and Designated Contract Recyclable Materials identified in § 258-39, no Person other than the Contractor shall collect, transport, store, process or dispose of such Contract Waste and Designated Contract Recyclable Materials. With respect to Regulated Municipal Waste other than Municipal Contract Waste and Designated Recyclable Materials other than Designated Contract Recyclable Materials which is generated at Residential Units and Regulated Municipal Waste or Designated Recyclable Materials generated at Multifamily Units or Nonresidential Units, no Person other than a Permitted Collector shall collect, store, process or dispose of such waste. The Municipality shall arrange for the collection of Leaves/Yard Waste in accordance with the Municipality's Policies and Procedures. Each Permitted Collector that collects or transports Regulated Municipal Waste or Designated Recyclable Materials generated in any Residential Unit, Nonresidential Unit or Multifamily Unit shall complete monthly LCSWMA Manifests reporting the amount of Regulated Municipal Waste and Designated Recyclable Material collected in the Municipality.
B. 
No Person who generates, owns or possesses Designated Recyclable Materials or Regulated Municipal Waste shall, by contract for collection services or otherwise, cause, permit or assist in the collection, storage, processing or disposal of such Waste by any Person other than: 1) the Contractor with respect to Municipal Contract Waste or Designated Contract Recyclable Materials generated at Residential Units; and 2) a Permitted Collector with respect to: a) Regulated Municipal Waste other than Municipal Contract Waste and Designated Contract Recyclable Materials generated at Residential Units and b) Regulated Municipal Waste or Designated Recyclable Materials generated at Multifamily Units or Nonresidential Units. The Municipality shall arrange for the collection of Leaves/Yard Waste in accordance with the Municipality's Policies and Procedures.
C. 
No Permitted Collector who collects or disposes of Designated Recyclable Materials or Regulated Municipal Waste shall, by Municipal Contract for such services 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 § 258-40C.
D. 
Notwithstanding the provisions of § 258-40A and B above, any Person who occupies a Residential Unit may deliver to a Facility the Regulated Municipal Waste and Designated Recyclable Materials which were generated at such Person's residence.
E. 
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.
F. 
The Contractor shall collect and deliver, separately to a LCSWMA Facility battery dropoff location, all Battery Bags placed at Curbside by Residential Units.
G. 
Permitted Collectors shall not collect E-Waste with Regulated Municipal Waste. All persons shall discard E-Waste in accordance with the Covered Device Recycling Act (CDRA)[1] of 2010 at a facility authorized by PaDEP.
[Added 6-27-2017 by Ord. No. 08-2017]
[1]
Editor's Note: See 35 P.S. § 6031.101 et seq.
[Adopted 6-11-2002 by Ord. No. 6-2002]
Haulers' vehicles and equipment (including Refuse Containers) shall comply with applicable law and the following standards:
A. 
Collection and transportation equipment shall be designed and constructed so as to be leakproof, easily loaded, readily emptied and easily cleanable.
B. 
Solid Waste shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vectors or creation of other nuisances.
C. 
All vehicles used for the collection or disposal of Refuse shall have enclosed bodies or shall have the body covered with a waterproof tarpaulin or canvas cover without rips or holes.
D. 
All vehicles used for the collection or disposal of Refuse shall have watertight, metal or metal-lined bodies of easily cleanable construction, shall not leak or discharge any liquid, shall be cleaned at sufficient frequency to prevent nuisance or insect breeding, and shall be maintained in good repair.
[Amended 9-14-2004 by Ord. No. 17-2004]
E. 
Each vehicle, roll off, dumpster, bulk container or similar Refuse Container used by a hauler for collection, storage or transportation of Solid Waste shall have permanently painted or affixed to both sides in lettering no less than six inches in height and clearly legible the name of the hauler, the local (toll-free) telephone number of the hauler, and the type of materials contained within (Municipal Waste and/or Recyclable Materials).
F. 
Each vehicle must be kept in a clean and sanitary condition, be in good operating condition, comply with applicable law, as determined by annual and other inspections by the City for issuance of a licensed hauler permit or otherwise required under the waste management policies and procedures.
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 § 258-38, 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.
Fees for services provided by the Municipality shall be charged to all Residential Units within the Municipality. The amount of fees and the schedule for payment of fees shall be as adopted by Resolution from time to time by the Mayor of the Municipality, upon recommendation by the Director of Public Works. The Municipality's Policies and Procedures may provide for the amount of annual fees, discount fees, dates fees are due, and interest and penalties for late payments.
A. 
From the time of placement for collection of any Designated Contract Recyclable Materials, all such Designated Contract Recyclable Materials shall be the property of the Generator or the Contractor who has been contracted by the Municipality to provide on-site collection, as provided in the Municipal Contract. It shall be a violation of this article for any Person, other than the Contractor, to collect or pick up, or cause to be collected or picked up, any such Designated Contract Recyclable Materials.
B. 
From the time of placement for collection of any Designated Recyclable Materials other than Designated Contract Recyclable Materials, all such Designated Recyclable Materials shall be the property of the Generator or the Permitted Collector who has made arrangements with a Generator 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. The collection of Leaves and Yard Waste shall be arranged by the Municipality in accordance with the Municipality's Policies and Procedures.
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 September 26, 2006, unless such renewal or modification or new contract shall conform to the requirements of this article and the Municipality's Policies and Procedures.
[Amended 6-27-2017 by Ord. No. 08-2017]
C. 
No contract which is entered into, renewed, extended, modified or assigned after September 26, 2006, shall provide for on-site collection services to be performed after the Commencement Date for Contract Waste or Designated Recyclable Materials generated at Residential Units. This provision shall not apply to the Contract between the Municipality and the Contractor. With respect to any contract which violates this § 258-45C, such contract shall be deemed void and the hauler that is a party to such contract: 1) shall reimburse to the applicable Residential Units any funds which have been paid for such on-site collection services; and 2) shall not collect or attempt to collect any funds for such on-site collection services.
[Amended 6-27-2017 by Ord. No. 08-2017]
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, upon recommendation of the Director of Public Works, and signed by the Mayor 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 permits, as deemed necessary, including without limitation: a) application procedures, fees, standards and conditions for permits; 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 permit which is issued by the Municipality or LCSWMA, the Person whose Collection Permit is suspended or revoked shall refund to each Customer any prepaid fees. Further, the Mayor or his designees are authorized and directed to solicit bids from persons to serve as the Contractor and to take any and all other actions which are needed for the Municipality to enter into the Contract and to implement the provisions of this article.
It shall be unlawful for any Person to violate, or cause or permit or assist in the violation of, any provision of this article or any provision of the Municipality's Policies and Procedures. All unlawful conduct shall also constitute a public nuisance.
Any Person violating any provision of this article or any provision of the Municipality's Policies and Procedures, shall, upon conviction thereof in a summary proceeding, be sentenced for each violation to pay a fine of not more than $600 and costs of prosecution and, in default of the payment of such fine and costs, to undergo imprisonment for not more than thirty (30) days. Each violation of any provision of this article or of any provision of the Municipality's Policies and Procedures, and each day that such a violation shall exist, shall constitute a separate violation and offense. In addition to the remedies set forth above, any unpaid fees or costs incurred as a result of the City's performance of a property owner's responsibilities under this article may be assessed against the property for which such fees or costs were incurred as a municipal claim in accordance with Chapter 36 of the Code of the City of Lancaster.
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: a) include officers and directors of any corporation or other legal entity having officers and directors; and b) refer to, and impose joint and several liability upon, both 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 article, the Municipality may institute proceedings to restrain any violation of, or to require compliance with, this article and/or the Municipality's Policies and Procedures.
[Amended 6-27-2017 by Ord. No. 08-2017]
The penalties and remedies set forth in this article are in addition to, not in lieu of, any fines, penalties or remedies provided in the Municipality's Policies and Procedures. The existence or exercise of any remedy shall not prevent the Municipality from exercising any other remedy; a) provided under: i) this article; or ii) the Municipality's Policies and Procedures; or b) available at law or equity, including property violation tickets.
Any ordinances which pertain to Regulated Municipal Waste or Designated Recyclable Materials, including those set forth in Chapter 258 of the Code of the City of Lancaster, are hereby repealed to the extent of any inconsistency with this article.
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 Municipality that this article would have been enacted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.
All actions of the Mayor and any other member of the staff of the City of Lancaster in ordering any supplies and taking any actions needed to implement a single hauler system/waste management plan be and hereby are ratified and approved.
This article shall take effect and be in force as provided by law.