[HISTORY: Adopted by the Board of Supervisors of the Township
of Leacock as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 186.
[Adopted 1-5-1987 by Ord. No. 63]
A.
COUNTY
EXISTING CONTRACT
FACILITY
FULL SYSTEM OPERATION or FULLY OPERATIONAL
LCSWMA
MUNICIPALITY
PERSON
PLAN
POINT OF ENTRY INTO THE SYSTEM
RECYCLING
REGULATED MUNICIPAL WASTE
(1)
(2)
(3)
(4)
(5)
(6)
SOURCE SEPARATION
SYSTEM
TRANSFER FACILITY
The following terms shall have the following meanings in this article:
The County of Lancaster.
Any agreement or contract fully executed prior to the effective
date of this article for the collection, disposal or transportation
of municipal waste generated within this municipality.
The waste to energy incinerator to be constructed by or on
behalf of LCSWMA pursuant to the plan.
That date which is 60 days from the date upon which the county
and other municipalities representing in the aggregate not less than
60% of the population of the county, as determined by the 1980 Decennial
Census of the United States, execute the intermunicipal agreement
and enact Waste Flow Ordinances.
The Lancaster County Solid Waste Management Authority, its
assigns, its successors in interest, and its predecessor in interest,
the Lancaster Area Refuse Authority.
The Township of Leacock, a township of the second class located
within the County of Lancaster, Commonwealth of Pennsylvania.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency or any other entity or any group of such persons which is recognized
by law as the subject of rights and duties. In any provisions of this
article prescribing a fine, penalty, imprisonment or denial or grant
of any license, the term "person" shall include the officers and directors
of a corporation or other legal entity having officers and directors.
The municipal waste management plan for the county adopted
by the county or municipalities therein and approved by the Pennsylvania
Department of Environmental Protection.
Any delivery site within the system designated by LCSWMA
for delivery of regulated municipal waste.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, yard waste and other materials which would otherwise
become municipal waste.
Any garbage, refuse, industrial lunchroom or office waste,
and other material, including solid or semisolid material resulting
from operation of residential, municipal, commercial, or institutional
establishments and from community activities, and any other solid
waste which is within the definition "municipal waste" set forth in
Section 103 of the Pennsylvania Solid Waste Management Act, Act of
July 2, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq.,
and which LCSWMA, the county, or any contractor ("contractor") selected
by the county or LCSWMA to construct and/or operate a resource recovery
facility or facilities to be located within the municipal boundaries
of the county by ordinance or regulation is willing to accept at the
facility, but excluding:
Any liquid waste or sludge;
Any waste which is defined by existing or future federal or
state law or regulation as hazardous waste or residual waste;
Infectious waste, pathological waste, or other waste for which
treatment or handling requirements different from those normally applicable
to municipal waste apply;
Polychlorinated biphenyls;
Any waste which may be marketable and which is intentionally
segregated for purposes of recycling; and
Materials specifically excluded under applicable county or LCSWMA
ordinances, rules or regulations.
The segregation and collection, prior to delivery to a point
of entry into the system, of materials for the sole purpose of recycling.
The overall solid waste management and disposal system and
every aspect thereof owned or operated by or on behalf of LCSWMA,
including, without limitation, equipment, transfer stations, resource
recovery facilities, and landfills, owned or operated, or to be acquired,
constructed or operated by LCSWMA or any agent, designee or contractor
thereof in implementation of the plan.
Any solid waste facility which is now or hereafter may be
established by LCSWMA or the county for the purpose of accepting solid
waste for processing and economical consolidation for subsequent delivery
to the facility or other solid waste disposal site.
B.
All other words and phrases shall have the same meanings as set forth
in the Pennsylvania Solid Waste Management Act, Act of July 7, 1980,
P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., as it may
hereinafter be amended or supplemented by legislation regarding municipal
waste planning.
A.
Licensing. No person who is not duly licensed by LCSWMA to deliver
waste to the county system may collect or transport municipal waste
located or generated within this municipality. This prohibition shall
become effective 120 days from the effective date of this section
of this article.
B.
Compliance with rules, regulations and ordinances. In carrying on
activities related to solid waste collection or transportation within
this municipality, all municipal waste collectors and all municipal
waste transporters shall comply with all rules, regulations and ordinances
pertaining to the collection, transportation and disposal of solid
waste as may be hereinafter enacted by this municipality or by the
county pursuant to a parallel County Waste Flow Ordinance and all
rules and regulations enacted by LCSWMA pursuant to authority given
it under 53 Pa.C.S.A. § 5617, as hereafter amended.[1]
C.
Administration. Licenses hereunder shall be issued, revoked and administered
by LCSWMA.
A.
Delivery to LCSWMA/county sites. All municipal waste collectors and
transporters shall deliver and dispose of all regulated municipal
waste collected or generated within the municipality at a transfer
station or disposal facility owned and operated by or on behalf of
LCSWMA, subject to such reasonable regulations for the operation thereof
as may be established by the county or LCSWMA.
B.
Disposal at other sites. Disposal of regulated municipal waste collected or generated within the municipality may occur at other sites only as permitted by rule, regulation, ordinance or order duly issued by the county or by the written agreement of the county, LCSWMA, and the municipality. Disposal of regulated municipal waste at an existing facility from sources reflected on the notice to the municipality, the county, and LCSWMA as provided in § 248-6C of this article shall be permitted.
C.
Recycling. Nothing herein shall be deemed to prohibit source separation
or recycling or to affect any sites at which source separation or
recycling may take place.
A.
Compliance with county and LCSWMA regulations. The collection, transportation
and disposal of municipal waste present or generated within the municipality
shall be subject to such further reasonable rules and regulations
as may from time to time be promulgated by the county pursuant to
its Waste Flow Ordinance and such rules and regulations as may be
adopted by LCSWMA pursuant to 53 Pa.C.S.A. § 5617, as hereafter
amended, including, without limitation, regulations governing applications
and standards for licensing, fees to be charged for such licensing,
the terms of licenses, procedures, recordkeeping, transportation routes
and other matters.[1]
B.
County authorization to adopt regulations. Rules and regulations adopted by the county, pursuant to the parallel County Waste Flow Ordinance to be adopted pursuant to the intermunicipal agreement described in § 248-11 hereof, shall be deemed rules and regulations adopted under this article, and the county is hereby authorized to adopt such rules and regulations.
C.
Consistency of regulations with ordinance and other laws. No rules
or regulations adopted pursuant to this article shall be contrary
to or less stringent than the provisions of this article, the plan,
the County Waste Flow Ordinance, the Pennsylvania Solid Waste Management
Act or regulations adopted thereunder, or such other laws, regulations
or requirements as may be enacted by the United States of America,
the Commonwealth of Pennsylvania, the Pennsylvania Department of Environmental Protection
or the Pennsylvania Environmental Quality Board governing municipal
waste planning, collection, storage, transportation, processing or
disposal.
A.
Noninterference with existing contracts. Nothing contained in this
article shall be construed to interfere with or in any way modify
the provisions of any existing contract in force in the municipality
on the effective date of this article.
B.
New contracts and renewals of existing contracts. No renewal of any
existing contract upon the expiration of the original term thereof
and no new contract for municipal waste collection, transportation,
processing or disposal shall be entered into after the effective date
of this article, unless such renewal or such contract shall conform
to the requirements of this article, the County Waste Flow Ordinance,
rules and regulations promulgated thereunder, and the terms of licenses
issued thereunder.
A.
Prohibition of private waste processing and disposal facilities.
No person other than LCSWMA, the United States of America, the Commonwealth
of Pennsylvania, a county, a municipality, an authority created by
the foregoing, or a person acting on behalf of the foregoing shall
use or permit to be used any property owned or occupied by that person
within the municipality as a municipal waste processing or disposal
facility, either for municipal waste generated within the municipality
or elsewhere without the express written approval of the municipality,
the county and LARA.
B.
Recycling. The prohibition set forth in § 248-6A of this article shall not interfere with the operation of any program for recycling.
C.
Existing facilities. The prohibition set forth in § 248-6A of this article shall not interfere with the operation of any privately or publicly owned solid waste facility which has been issued a solid waste permit before the effective date of this article, provided:
(1)
The owner or operator of the facility provides written notice to
the county and the municipality of the facility permit number, address,
ownership and existing sources of waste no later than 60 days after
the effective date of this article;
(2)
The facility accepts regulated municipal waste from no sources within
the County other than those then authorized by the Facility's
solid waste permit and then being accepted, as reflected on the notice
provided the County and Municipality pursuant to this section; and
(3)
The facility shall not be expanded in capacity, with the exception
of facilities owned or operated by or on behalf of another county,
which facilities may expand if such expansion is consistent with a
DEP approved municipal waste management plan.
(4)
Notices under this section shall be submitted to the Secretary of
the municipality on behalf of the municipality. The county may by
resolution designate LCSWMA or another authority or agency as the
entity which will receive notice pursuant to this section.
A.
Unlawful conduct. It shall be unlawful for any person to:
(1)
Accumulate or cause to be accumulated municipal waste in an amount
greater than 20 tons, other than waste which has been source separated
for the purpose of recycling;
(2)
Violate, cause or assist in the violation of any provision of this
article, any rule, regulation or order promulgated hereunder, or any
rule, regulation or order promulgated by LCSWMA or the county consistent
with this article;
(3)
Process, treat, transfer, or dispose of or cause to be processed, treated, transferred or disposed regulated municipal waste generated within the municipality at any solid waste facility other than a solid waste facility owned or operated by or on behalf of the county or LCSWMA or at an existing solid waste facility as permitted by § 248-6C of this article, without the express written consent of any municipality within which the facility is located, the county, and LCSWMA;
(4)
Collect or transport municipal waste present or generated within
the county without a valid license for disposal issued by LCSWMA;
(5)
Hinder, obstruct, prevent or interfere with the municipality, the
county, LCSWMA or their personnel in the performance of any duty under
this article or in the enforcement of this article;
(6)
Act in a manner that is contrary to Pennsylvania Solid Waste Management
Act, regulations promulgated thereunder, the plan, this article, the
county ordinance, rules or regulations promulgated thereunder, or
the terms of licenses issued thereunder;
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
Upon finding that any person has engaged in unlawful conduct
as defined in this article:
A.
Restraining violations. In addition to any other remedy provided in this article, the municipality, the county or LCSWMA may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 248-8 hereof and revoke any licenses as authorized by § 248-9 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed by this
article shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the municipality, the county or LCSWMA from
exercising any other remedy provided by this article or otherwise
provided at law or equity.
A.
Entry into intermunicipal agreement. In order to implement the intent
and terms of this article, the municipality, pursuant to the authority
of the Intergovernmental Cooperation Act, 53 Pa.C.S.A. § 2301
et seq., and Article IX, Section 5, of the Constitution of the Commonwealth
of Pennsylvania, hereby enters into the intermunicipal joint cooperation
agreement between this municipality, the county, and other municipalities
within the County of Lancaster, which is attached hereto as Exhibit
A and incorporated herein, together with such changes consistent with
this article, if any, as may be approved by the officials of the parties
executing the same, such execution to be conclusive evidence of such
approval ("intermunicipal agreement").[1]
B.
Terms and implementation of intermunicipal agreement. As more fully
set forth in the intermunicipal agreement and this article:
(1)
Conditions and terms of agreement. In the agreement:
(a)
The county agrees:
[1]
To arrange for the provision of municipal waste disposal facilities
for the economical and environmentally sound disposal of municipal
waste generated within the participating municipalities;
[2]
To coordinate recycling activities and marketing; and
[3]
To assure continuing municipal waste planning for the county
and the participating municipalities by entering into an agreement
with LCSWMA;
(b)
The county and participating municipalities representing, in
the aggregate, not less than 60% of the population of the county each
agree to enact a Waste Flow Ordinance in a form substantially similar
to this article and to assure otherwise that all acceptable municipal
solid waste be delivered to the county system;
(d)
The county agrees to assure reasonable solid waste disposal
fees for residents of the participating municipalities; and
(e)
The parties agree to cooperate in the joint enforcement of the
intermunicipal agreement and all ordinances enacted pursuant to the
intermunicipal agreement, and this municipality thereby agrees cooperatively
to exercise, to delegate to the county, and to allow delegation of
such powers, duties and responsibilities as set forth in the intermunicipal
agreement.
(2)
Duration of term of the agreement. The term of the intermunicipal
agreement shall commence upon the date on which the county and other
municipalities representing at least 60% of the population of the
county have executed the intermunicipal agreement and shall terminate
40 years following that date, unless terminated earlier for cause.
(3)
Purpose and objectives of agreement. The purpose of the intermunicipal
agreement is to provide a mechanism:
(a)
To finance, to construct and to operate a municipal waste disposal
system to serve this municipality and other municipalities within
the county;
(b)
To administer a county-wide recycling program; and
(c)
To provide continuing municipal waste planning, as more fully
set forth in the recitals to the Intermunicipal agreement and this
article.
(4)
Manner and extent of financing the agreement. Enforcement of this
article shall be financed by the county's general revenues, except
insofar as the municipality elects to enforce this article; administration
of this article the recycling program and planning shall be financed
by LCSWMA with revenues received from operation of the county system;
and construction and operation of the county system shall be financed
by debt instruments issued by LCSWMA and operating revenues.
(5)
Organizational structure necessary to implement the agreement. LCSWMA
shall be formed from LARA by amendment of LARA'S articles of
incorporation; LCSWMA shall a) construct and operate or arrange for
the construction and operation of the County System; and b) administer
and enforce this article and parallel ordinances adopted by the county
and other municipalities pursuant to the intermunicipal agreement;
and the county and the municipality shall enforce said Waste Flow
Ordinances with assistance from LCSWMA.
(6)
Management and acquisition of property. All property within the county
system shall be acquired, managed and disposed of by LCSWMA, in accordance
with its separate agreement with the county and the powers and duties
imposed upon LCSWMA by law.
C.
Execution. Appropriate officers of the municipality are authorized
and directed to execute the intermunicipal agreement on behalf of
the municipality.
The municipality has been advised by the county that the plan
proposes to provide for solid waste processing and disposal facilities
which will be operated efficiently and economically by LCSWMA and
in accordance with all applicable laws and regulations, and also that
LCSWMA will impose reasonable charges, which will be uniform among
all classes of the users of the plant or plants from participating
municipalities which execute the intermunicipal agreement within 90
days of the date upon which DEP grants preliminary approval to the
plan. Charges may differ for different categories of waste and for
different points of entry into the system.
The terms and provisions of this article are to be liberally
construed, so as best to achieve and to effectuate the goals and purposes
hereof. This article shall be construed in pari materia with the Act
of July 7, 1980, P.L. 380, No. 97, known as the Solid Waste Management
Act, 35 P.S. § 6018.101 et seq.
