[Adopted 7-6-1987 by Ord. No. 103]
A.
COLLECTOR
CONTRACTOR
MUNICIPALITY
MUNICIPAL SOLID WASTE
PERSON
PLANT
SOLID WASTE FACILITY
The following terms shall have the following meaning
in this article:
Any person collecting or transporting municipal solid waste
for owners or occupants of property in the Municipality, including
the Municipality itself if it undertakes the collection of municipal
solid waste directly, and any business or institution within the Municipality
which generates municipal solid waste and uses its own employees and
equipment for the collection and transport of the waste.
One or more contractors with whom the county or the Delaware
County Solid Waste Authority (hereinafter referred to as "Authority")
contracts for construction and operation of the proposed resource
recovery plant or plants, or other solid waste facilities.
The Borough of Chester Heights.
Any garbage, refuse, industrial lunchroom or office waste,
and other material including solid or semisolid material generated
in residential, municipal, commercial, or institutional establishments
and from community activities, and other solid waste which is within
the definition of "municipal solid waste" as set forth in the Act[1] and which the county, Authority, or contractor by its
ordinance or regulations is willing to accept at the plant, but excluding
any liquid waste or sludge; all wastes which are defined by existing
or future federal or state law or regulations as hazardous waste or
industrial residual waste; any waste which may be marketable and which
is intentionally segregated for purposes of recycling; and materials
specifically excluded under applicable county ordinances.
Any individual, partnership, association, corporation, or
governmental entity, with the exception of the county, Authority,
or designated contractor.
The energy and/or material recovery facility or facilities,
transfer station or solid waste plants owned by the county or Authority
or the contractor, including all associated property and equipment.
Any site owned and operated by the county, the Authority,
or its designated contractor for the purpose of transfer, processing,
or disposal of municipal solid waste, including landfills, resource
recovery plants, and transfer stations.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
B.
Certain terms used herein are also defined in the
recitals hereto.
It is hereby declared to be unlawful and a public
nuisance for any person to accumulate upon any property in this Municipality
any municipal solid waste or to dispose of it except in accordance
with this article and other applicable laws, ordinances or regulations.
The Municipality has been advised by the county
that the Solid Waste Plan proposes to provide for a plant or plants
which will be operated efficiently and economically by the contractor
and/or by the county and in accordance with all applicable laws and
regulations and, also, that the contractor and/or the county will
impose reasonable charges, which will be uniform among all classes
of users of the plant or plants.
Except as it pertains to municipal solid waste
collected directly by this Municipality, all collectors of municipal
solid waste generated within the Municipality shall be licensed by
the Municipality and shall be responsible for collecting municipal
solid waste from properties in the Municipality pursuant to a contract
between them and the Municipality and/or contracts between them and
the owners or occupants of properties.
All collectors shall deliver and dispose of
all municipal solid waste collected within the Municipality at the
solid waste facility designated by the county, subject to such reasonable
regulations for the operation thereof as may be established by the
county and/or contractor. Delivery and disposal at any other place
shall be a violation of this article and cause for revocation of the
collector's license, except in special circumstances approved in advance
by the Municipality and the county and/or contractor. All collectors
shall comply in their operation with all applicable laws, ordinances,
and regulations pertaining to the collection and transportation of
municipal solid waste.
No person shall use or permit to be used any
property owned or occupied by him within the Municipality as a public
or private dump, transfer station, or landfill for municipal solid
waste, whether generated within the Municipality or elsewhere, without
the express written approval of the Municipality.
Any person who shall violate any provision of
this article shall, upon conviction thereof in a summary proceeding
before a District Justice, be sentenced to pay a fine of not more
than $300 and, in default of payment thereof, shall be committed to
the county jail for a period not exceeding 30 days; and each day's
continuance of a violation of this article as well as each truckload
of illegally delivered trash shall constitute a separate offense.
In addition to the remedies provided in § 158-19 herein, any continued violation of this article or other applicable law which shall constitute a nuisance in fact, or which in the opinion of the governing body of this Municipality shall constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
The collection of municipal solid waste in the
Municipality and the disposal thereof shall be subject to such further
reasonable rules and regulations as may from time to time be promulgated
by the governing body of the Municipality, including but without limitation
regulations as to the form of license application, the amount of fee
to be charged for said licenses, and the terms of the licenses and
license issuance procedures; provided, however, that no such rules
and regulations shall be contrary to the provisions of this article,
the County Solid Waste Plan, or applicable law.
The Municipality reserves the right to amend
this article or repeal it at any time; provided, however, that the
requirement for use of the designated solid waste facility for disposal
of municipal solid waste from the Municipality shall not be amended
or repealed without the prior express written approval of the county
during the term of the contract between the county (or Authority)
and contractor providing for the construction and operation of the
plant, which contract shall have a term of 25 years. For the purposes
of securing the contractor's financing, such requirement shall be
deemed to be a contract between the county, the contractor, and the
Municipality, which the Municipality (subject to the terms of the
joint cooperation agreement set forth below) agrees to enforce so
that the municipal solid waste from the Municipality will be available
to provide a source of energy for the plant. If the Municipality is
not now a collector but in the future it becomes a collector it agrees
to deliver all municipal solid waste so collected to the plant.
A.
The Municipality agrees to deliver or cause to be
delivered during the term of this agreement all municipal solid waste,
as defined herein, generated within the Municipality for disposal
at a facility designated by the county.
B.
The County agrees to accept for disposal all such municipal solid waste described in Subsection A above upon completion and commencement of operation of the plant in accordance with a contract, containing terms satisfactory to the county, with the contractor providing for construction and operation of the plant.
C.
The term of this agreement shall be for a period of 25 years, and said term shall commence on January 11, 2017. The Municipality at its option may terminate this agreement with 30 days' written notice to the county in the event that the Municipality will incur substantial costs over and above the costs generally accepted by the other municipalities in delivering municipal solid waste to the county during the term of this agreement, provided the Municipality has first obtained final approval from the Department of Environmental Protection for their own plan under the Act, or an approval from the Department for a modification that brings the Municipality under another plan that has already obtained final approval. It is understood, however, that (upon any such termination of this agreement by the Municipality) the county, the Authority, and/or the county's contractor shall be relieved of any responsibility to accept and dispose of municipal solid waste generated within the Municipality. It is further understood that any such termination of this agreement by the Municipality shall constitute a repeal, whether express or implied, of § 158-24 of this article.
[Amended 5-16-2016 by Ord. No. 206]
D.
The county shall hold harmless and defend the Municipality
from any suit, claim or action challenging the legality of this article
against the Municipality. In the event that any such suit, claim or
action is brought against the Municipality, the Municipality shall
authorize the county, through its designated legal counsel, to defend
against the same, and the Municipality shall cooperate with the county
in said defense and shall give the County Solicitor notice of any
such suit, claim or action within five days of the Municipality's
receiving notice thereof.
B.
The Municipality, by formal resolution dated April
2, 1984, authorized the county to prepare the Solid Waste Management
Plan on the Municipality's behalf.
C.
The county, through the staff of its Public Works
Department, its Planning Commission, and Charles M. Harris and Associates,
Inc., Consulting Engineers, prepared a ten-year plan for solid waste
management.
D.
The appropriate Municipal officials of this Municipality
have reviewed the findings and recommendations of the plan as it affects
this Municipality, have found the plan acceptable, and have recommended
that the plan be adopted.
E.
The Municipality, accordingly, hereby accepts and
adopts the Solid Waste Management Study prepared by the county as
the ten-year plan for solid waste management required by the Act.
F.
The county is hereby authorized to submit the plan
to the Department of Environmental Protection for the final approval
on behalf of the Municipality.
This article shall become effective immediately.
Notwithstanding the foregoing, this Municipality shall have neither
the right nor the obligation to dispose of its municipal solid waste
at the plant which is contemplated under this article until said plant
is constructed and fully operational.
