As used in this article, the following terms
shall have the meanings indicated:
COLLECTOR
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.
CONTRACTOR
One or more contractors with whom the county or the Delaware
County Solid Waste Authority (hereinafter referred to as the "Authority")
contracts for construction and operation of the proposed resource
recovery plant or plants or other solid waste facilities.
MUNICIPAL SOLID WASTE
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
and which the county, the Authority or a contractor, by its ordinance
or regulations, is willing to accept at the plant, but excluding:
A.
Any liquid waste or sludge;
B.
All wastes which are defined by existing or
future federal or state law or regulations as hazardous waste or industrial
residual waste;
C.
Any waste which may be marketable and which
is intentionally segregated for purposes of recycling; and
D.
Materials specifically excluded under applicable
county ordinances.
PERSON
Any individual, partnership, association, corporation or
governmental entity, with the exception of the county, the Authority
or designated contractor.
PLANT
The energy and/or material recovery facility or facilities,
the transfer station or solid waste plants owned by the county, the
Authority or the contractor, including all associated property and
equipment.
SOLID WASTE FACILITY
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.
No person shall accumulate any municipal solid
waste upon any property in the municipality, or dispose of it, except
in accordance with this article and other applicable laws, ordinances
or regulations. A violation of this section shall be deemed to be
a nuisance.
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 the 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 the 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 the 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 or her 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.
In addition to the penalty provided in §
261-22, 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 the municipality, shall constitute a nuisance, may be abated by proceeding for relief against the violator in a court of equity.
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 licenses and the terms of the licenses
and license issuance procedures. However, no such rules or 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 to 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
the Authority) and the contractor providing for the construction and
operation of the plant, which contract shall have a term of 25 years.
For the purpose 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 becomes a collector, it agrees
to deliver all municipal solid waste so collected to the plant.
Whoever violates or fails to comply with any
of the provisions of this article shall be fined not less than $100
nor more than $1,000 and, in default of the payment thereof, shall
be committed to the County jail for a period not exceeding 30 days.
A separate offense shall be deemed committed for each truckload of
municipal solid waste delivered and disposed of at a solid waste site
other than the county's designated facility and for each day that
a violation of or noncompliance with any of the provisions of this
article occurs or continues.