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.
[Amended 9-1-2015 by Ord.
No. 368]
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 registered
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.
[Amended 9-1-2015 by Ord.
No. 368]
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 registration, 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.
[Amended 12-3-1996 by Ord. No. 206]
A. Any person who shall violate any provision of this
article or who permits the violation of any provision of this article
shall pay a fine of $600.
B. Each violation for each separate day and each violation
of any provision of this article shall constitute a separate and distinct
violation.
C. Any person who violates or permits the violation of
any provision of this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by Concord Township, pay
the fine prescribed by this article, plus all court costs, including
reasonable attorney fees, incurred by Concord Township.
D. Enforcement of this article shall be the responsibility of the Township Manager, Zoning Officer, Building Inspector, Plumbing Inspector or Fire Marshal, as appropriate, who shall follow the enforcement procedure set forth in Chapter
1, General Provisions, Article
II, Violations and penalties.
In addition to the remedies provided in §
142-8 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 violation in a court of equity for relief.
[Amended 9-1-2015 by Ord.
No. 368]
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 registration application,
the amount of fee to be charged for said registrations and the terms
of the registrations and registration 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.