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.