[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Editor's Note: This ordinance also repealed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:
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97,[1] as now or hereafter amended.
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.
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.
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]
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]]
The date upon which the current and subsequent Municipal
Contract collection services begin.[4]
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]
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
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:
The Person, which may include the Municipality, providing
Municipal Contract Waste and Designated Recyclable Materials collection
services under the Municipal Contract.
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 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.
Those Source-Separated Recyclable Materials designated in § 258-38 of this article.
Those Source-Separated Recyclable Materials designated in § 258-39 of this article.
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]
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]
Refuse Containers which are in excess of the number of Refuse
Containers per collection site limit in the Municipal Contract.
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: 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).
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]
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;
Wood, metal, rug and upholstery cleaners and polishes; and
E-Waste.
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]
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act, as amended.
Any Facility owned or operated by or on behalf of LCSWMA.
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]
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]
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.
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]
A property with five (5) or more Residential Units, including
without limitation, apartment complexes, condominium complexes, retirement
homes and mobile home parks, excluding Farms.
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.
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.
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]
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.
Paper which has been used for the production of daily, weekend
and special edition publications commonly known as newspapers.
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]
All commercial, municipal and institutional establishment,
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.
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]
The state agency responsible for administering Act 97, Act
101, CDRA, and other related regulations.
[Added 6-27-2017 by Ord.
No. 08-2017]
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.
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]
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]
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]
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.
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.
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: a) handles of adequate strength for lifting; and/or b) wheels
for mobility.
[Amended 6-27-2017 by Ord. No. 08-2017]
Refuse is that portion of Regulated Municipal Waste except:
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]
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]
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.
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.
The removal of Designated Recyclable Materials in violation of § 258-44 of this article.
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]
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 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]
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 having a capacity of 19 pounds
or less;
Hazardous waste;
Infectious/pathological waste; and
Radioactive materials;
Liquid waste;
E-Waste designated in the Covered Device Recycling Act.[6]
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, and tree trimmings
less than six inches in diameter.
[Amended 6-27-2017 by Ord. No. 08-2017]
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]
[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.
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.
